EPA-91 0/9-76-019
OREGON
WATER
SUPPLY
PROGRAM
EVALUATION
t
m »
DRINKING WATER PROGRAMS BRANCH
WATER DIVISION
" 'ENVIRONMENTAL PROTECTION AGENCY
I ' § f REGION X
i fx
JANUARY 1976
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OREGON WATER SUPPLY PROGRAM
EVALUATION
Drinking Water Programs Branch
Water Division
Environmental Protection Agency
Region X
January 1976
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TABLE OF CONTENTS
Page
INTRODUCTION 1
PLAN OF THE EVALUATION 4
PROGRAM EVALUATION CRITERIA 7
DRINKING WATER SUPPLY AUTHORITY 10
STATUTORY AUTHORITY 10
HATER SUPPLY PROGRAM ACTIVITIES AND RESOURCES 31
ENGINEERING SURVEILLANCE AND TECHNICAL ASSISTANCE 34
WATER QUALITY SURVEILLANCE 46
Bacteriological Surveillance 46
Chemical Surveillance 47
Laboratory Support Services 49
Operator Certification and Training 50
Certification of Qualified Operators 51
Training of Operators 52
Program Administration 54
BOTTLED WATER 55
CURRENT STATUS OF PUBLIC WATER SUPPLY SYSTEMS IN OREGON 57
SURVEY METHODS 58
SELECTION CRITERIA 58
REVIEW OF WATER SUPPLY RECORDS 59
PUBLIC WATER SUPPLIES IN OREGON 61
COMMUNITY WATER SUPPLY SYSTEMS 61
COMMUNITY WATER SUPPLY SYSTEM SURVEILLANCE 64
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TABLE OF CONTENTS
STATE WATER SUPPLY PROGRAM MANPOWER NEEDS ~68
CERTIFICATION OF WATER SYSTEM OPERATORS 73
OTHER PUBLIC WATER SUPPLIES IN OREGON 75
STATE DRINKING WATER SUPPLY SUPERVISION PROGRAM 77
EVALUATION CRITERIA 79
CONCLUSIONS AND RECOMMENDATIONS 81
APPENDIX A - COMMUNITY WATER SUPPLY SURVEILLANCE
APPENDIX B - OREGON REVISED STATUTES, CHAPTER 488 AND
SENATE BILLS 612 and 616
APPENDIX C - NATIONAL INTERIM PRIMARY DRINKING WATER
REGULATIONS
APPENDIX D - GROUNDWATER QUALITY PROBLEMS IN OREGON
APPENDIX E - LOCATION OF APPROVED BACTERIOLOGICAL
LABORATORIES
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TABLES
TABLE 1 SUMMARY - COMMUNITY WATER SUPPLIES IN
OREGON (By Population) 62
TABLE 2 SUMMARY - COMMUNITY WATER SUPPLIES IN
OREGON (By Systems) 63
TABLE 3 COMMUNITY WATER SYSTEMS IN OREGON IN
COMPLIANCE WITH BACTERIOLOGICAL STANDARDS 69
TABLE 4 ESTIMATED MANPOWER NEEDS FOR SUPERVISION PROGRAM
AND PRIMARY ENFORCEMENT RESPONSIBILITY FOR COMMUNITY
AND OTHER PUBLIC WATER SUPPLY SYSTEMS IN OREGON 71
TABLE 5 STAFFING FOR OREGON'S PUBLIC WATER SYSTEM
SUPERVISION PROGRAM 72
FIGURES
FIBURES 1 WATER QUALITY AND SYSTEMS COMPLIANCE - PERCENT
OF SYSTEMS IN COMPLIANCE 67
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1
INTRODUCTION
The American public expect adequate and safe drinking water
to be delivered continuously to their homes, their places of
work, their recreational areas and where ever they may travel
within the United States. Public and legislative emphases have
drawn attention to other environmental concerns, such as water
and air quality problems. At the same time, a surprising
amount of complacency has developed concerning drinking water.
In order to meet the increasing requirements of pollution
control legislation and regulations, the states have committed
more and more of their resources to these programs which are
receiving public attention. Therefore, less time and money
have been devoted to public drinking water supplies and there
has been a significant reduction in the supervision and regu-
lation of this public service. Although effective water pollu-
tion control is important to minimize contamination of drinking
water sources, such control alone cannot suffice to assure
delivery of safe and reliable drinking water. As more and more
new and exotic wastes are discharged to the environment, better
technology and qualified operating personnel are required for
awareness of the public health importance of drinking water
and the establishment of adequate water supply programs at
the state and Federal levels.
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The need for this awareness was highlighted by the "Community
Water Supply Study - Analysts of National Survey Findings", by
the U.S. Public Health Service, 197G. This Public Health Service
report revealed that 41 percent of the 969 water systems surveyed
were delivering waters of inferior quality to 2.5 million people,
and 66 percent of the systems had defects in their physical faci-
lities.
More recently there has been a great deal of concern on
the part of the public and water suppliers over reports of
the presence of carcinogenic materials in water supplies.
For the most part these occur at significantly higher levels
in supplies with sources containing high concentrations of
natural organic materials and sources subject to contamination
with industrial or other wastes. Two nationwide projects are
underway for evaluating the concentrations of organics and pesti-
cides in drinking water supplies.
Mr. Bob Oliver, Administrator of the Health Division, Oregon
Department of Human Resource recognizes the importance of these
considerations to the public and to municipal water departments and
companies responsible for distribution of safe drinking water. He
also realizes the States responsibility for monitoring the safety
and adequacy of public drinking water supplies and for providing
technical assistance needed for developing such assurance. Mr.
Oliver, on October 30, 1974, requested the Environmental Protection
Agency to participate in an evaluation of the adequacy of Oregon's
drinking water supply program.
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Dr. Clifford V. Smith, Jr., Regional Administrator, EPA,
confirmed, in November 1974, EPA's agreement to undertake such a
program evaluation. The purpose is to determine the nature of
the program, its effectiveness in providing a public water
system supervision program and in assuming primary enforcement
responsibilities over water supplies serving the public and to
recommend measures that will result in improvement of program
capabilities.
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PLAN OF THE EVALUATION
Purpose
The purposes of the evaluation are to:
1. Determine the adequacy of the present State Water Supply
Program to fulfill its responsibilities to the public, to supervise
water systems serving the public, and to assume primary enforcement
responsibility for such systems,
2. Propose any recommendations necessary for maintenance of
an effective State Water Supply Program, thus assuring citizens
and visitors a continuous supply of safe drinking water, and
3. Make concurrent determination of the general condition
of Oregon's public water supplies.
Discussions between Staff of the Oregon Health Division,
Office of Protective Health Services and Mr. William A. Mullen
EPA's Drinking Water Programs Branch Chief, led to the conclusion
that these purposes could be adequately achieved by evaluation
of records pertaining to public water supplies maintained by the
Oregon Health Division and by discussions with the staff of the
Office of Sanitation Services.
Definitions
The Oregon State legislature in 1975 made extensive changes
in state statutes applying to water sypply systems serving the
public. These changes were in the form of amendments to Chapter
448, Oregon Revised Statutes (ORS).
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It was decided that this evaluation report should be based on
water supplies serving the public as defined in Interim Federal
Regulations and promulgated under the authority of the Safe Drinking
Water Act. For the purpose of this evaluation report the following
definitions have been used for water systems serving the public:
1. "Public water system" means a system for the provision
to the public of piped water for human consumption, if such system
has at least fifteen service connections or regularly serves an
average of at least twenty-five individuals daily at least 60 days
out of the year. Such term includes (1) any collection, treatment,
storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system,
and (2) any collection or pretreatment storage facilities not under
such control which are used primarily in connection with such system.
A public water system is either a "community water system" or a
"non-community water system."
A. "Community water system" means a public water system
which serves at least 15 service connections used by year-round resi-
dents or regularly serves at least 25 year-round residents.
B. "Non-community water system" means a public water
system that is not a community water system.
All except a very few water supply systems serving the public
in Oregon meet the definition of "Public Water System" as defined
above.
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This evaluation is based on designations of water supply
systems as defined in the EPA Manual for the Evaluation of a State
Drinking Water Supply Program:
1. Public water supply system - any system which provides
water to the public for consumption, excluding water sold in bottles
or other closed containers.
A. Community water supply systems - a public system that
provides water to 15 or more premises not owned or controlled
by the supplier of water or to 25 or more resident individuals.
B. Other public water supply systems* - all other systems
which provide water for public consumption, exclusive of
individual water supply systems.
2. Individual water supply system - a water supply system that
serves a single dwelling unit occupied by one household.
Discussions were held in November 1974- with Mr. LaVerne
Miller, Director of Protective Health Services, Leo Farr, P.E., Chief,
Public Health Engineering and Mr. Tom Blair, Chief, Community
Sanitation, all in the Health Division of the Oregon Department
of Human Resources, to review the scope and criteria to be used
in the evaluation of the Oregon drinking water program. It was
agreed that the outline and procedures described in EPA's Manual
*Ir» this evaluation other public water supply systems include
those serving mobil honie parks as well as such systems as those
serving schools, restaurants, and recreation areas.
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for the Evaluation of a State Drinking Supply Program would
be followed. It was further agreed that a representative number
of community water supplies would be sufficient to evaluate the
effectiveness of the state program. No individual or other water
supplies were to be selected for the evaluation.
Two factors were considered in selecting the water supplies
to be studied. First was a need to select supplies representa-
tive of the size of systems, types of sources, methods of treat-
ment, and geographical distribution throughout the state. Second,
was a need to select a sufficient number of supplies to enable
comparison of the findings of the Oregon study to those of
similar studies in other areas throughout the United States.
To accomplish these objectives it was decided that depart-
ment files of 55 community water supplies would be examined.
These supplies were selected from different population groupings
in various geographical areas throughout the state.
The 55 supplies selected are listed in Appendix A along
with their location, their respective populations served, and
sources of supply.
The 55 supplies serve 57 percent of the people served by
community water supplies in Oregon and 47 percent of the popu-
lation of the state (2,266,000).
PROGRAM EVALUATION CRITERIA
The following basic criteria were considered to be
essential elements of the evaluation.
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Legal Authority
Recently amended state statutes provide the basis for the
state drinking water supply program. This legislation provides
for promulgation of rules and regulations by the Health Division
with the advice and policy guidance of the State Health Commis-
sion. The Administrator of the Health Division provides for
the establishment of policies necessary to properly conduct
staff activities in the interest of protection of the public
health.
In instances where legislation or regulations do not cover
a necessary program function, the state agency may develop
recommended standards or guidelines to serve this purpose.
Program Elements and Activities
Consideration was given to the following program elements
and activities:
1. Sanitary surveys, field inspections and reports (conclu
sions and recommendations) for community water supplies,
2. Sanitary surveys, field inspections and reports for
non-community supplies,
3. Review and approval of construction plans and specifi-
cations for water systems,
4. Technical assistance provided for planning, operation
and maintenance of community water supply systems,
5. Cross-connection control,
6. Bottled water quality control,
7. Monitoring water quality,
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8. Qualification of operators,
9. Fluoridation,
10. Emergency plan of action for each community drinking
water supply system, and
17. Alarm or notification system for standards violations,
critical situations endangering health, and significant deviations
from an established plan.
Inter-Agency or Inter-Disciplinary Elements
of the Drinking Water Supply Program
A significant number of activities of a state drinking water
supply agency involves inter-agency or inter-disciplinary coordination
as well as program effort for implementation. Such things considered
under this heading in this evaluation are:
A. Activities:
1. Certification of water system operators,
2. Operator training,
3. Budgeting and other finance methods and procudures, and
4. Emergency response and epidemiology.
B. Agencies:
1. Public Utilities Commission as well as the Local
Regional Boundary Commissions,
2. Department of Water Resources,
3. Oregon Department of Environmental Quality
4. Oregon Department of Commerce,
5. Local Health Agencies,
6. Oregon Department of Agriculture,
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7. Oregon State University, and
8. Federal Agencies.
DRINKING WATER SUPPLY AUTHORITY
STATUTORY AUTHORITY
Oregon statues dealing with public drinking water supply systems
in the state underwent extensive amendment by Oregon's 1975 legisla-
ture. Practically every section in Chapter 448 (See appendix B)
of the Oregon Revised Statutes (ORS) was amended. Revisions of the
first two sections of the Chapter namely, 448.205 (definitions) and
448.210, (purpose) set the pattern for a completely revised State
Drinking Water Supply Program.
Amended Section 448.205 now defines four different water
supply systems serving the public in Oregon. These are:
1. "Community water supply system" means a domestic water
supply source or distribution system which serves more than three
single residences or other users for the purpose of supplying water
for household uses, but is neither a municipal water system nor a
public utility water system.
2. "Municipal water supply system" means domestic water
supply sources and distribution systems owned and operated by a
city or a county; or owned and operated by a special district or
other public corporation which has independednt tax-levying powers
to support the system and which supplies water to a total of 1,000
or more households.
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3. "Public utility water supply system" means domestic water
supply sources and distribution sytems supplying water for house-
hold uses, owned and operated by a person subject to regulation by
the Public Utility Commissioner of Oregon and supplying water to a
total of 500 or more households.
4. "Public water supply system" means a domestic water supply
source and distribution system other than a municipal water supply
system or public utility water supply system where water is provided
or is available through the single user for public consumption
including, but not limited to, a school, a farm labor camp, an
industrial establishment, a recreational facility, a restaurant,
a motel or a group care home.
Other significant definitions in this Section are:
"Domestic water supply source" means any lake, pond, impound-
ing reservoir, water storage facility, water treatment facility,
spring, well, stream, creek, river, marsh, ditch, canal or other
body of water from which water is derived for municipal, public
utility, community or public water supply systems.
"Potable water" means water which is sufficiently free from
biological, chemical, physical or radiological impurities so that
users thereof will not be exposed to or threatened with exposure
to disease or harmful physiological effects and which has such
other physical properties as to be palatable to humans for drinking
purposes.
"Public health hazard" means a condition whereby there are
sufficient types and amounts of biological, chemical or physical,
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including radiological, agents relating to water or sewage which
are likely to cause human illness, disorders or disability. These
include, but are not limited to, pathogenic viruses, bacteria,
parasites, toxic chemicals and radioactive isotopes.
"Emergency" means the result of any natural elements or mech-
anical failure which is unpredictable and temporary or infrequent,
and which causes a domestic water supply source or distribution
system to be temporarily less than adequate.
"Adequate" means a domestic water supply source and distribu-
tion system, each sufficient in capability to supply all daily
demands and instantaneous demands during periods of maximum use
without reduction in pressure below 20 pounds per square inch
at any service connection, except during an emergency.
Section 448.210 (purpose) states that it is the purpose of
ORS 448.205 to 448.325 and subsections (2) to (6) of 448.990 to
promote public health and welfare by providing a regulatory
program and related services for:
(1) Domestic water supply sources and,
(2) Community and public water supply systems that will
provide for adequate water.
Section 448.210 (purpose) needs further amendment to clarify
responsibilities of water purveyors and the health divisions.
Administration
Section 448.215 (Division jurisdiction over domestic water
supply sources) establishes jurisdiction over domestic water supply
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sources in the Health Division (Oregon State Department of Human
Resources).
This Section also requires the Division to examine water
supply sources periodically to ascertain whether the sources are
adapted for use as water supplies for drinking and other household
uses or are in a condition likely to cause a public health hazard.
The Division is also required to consult with and advise
cities, corporations or firms operating or intending to construct
water supply systems, concerning the most appropriate domestic
water supply sources, the best practical methods of assuring their
purity or of disposing of their drainage or sewage. In so doing
the Division is required to consider the present and prospective
needs and interest of other cities, corporations or firms which
may be affected by its action.
In addition the Health Division has jurisdiction over all
community and public water supply systems and is required to cause
the systems to be examined periodically to ascertain whether the
systems deliver adequate water for household use.
The Division is also required to consult with and advise
entities operating or intending to construct community or public
water supply systems concerning the best practical methods of
delivering adequate water.
Section 448.220 (compliance with rules required) requires com-
pliance with rules and regulations and states that it is unlawful
for any person or governmental unit to operate a water supply system
in violation of the rules of the Division.
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This Section provides further that, "any community or public
water supply system or any domestic water supply source, the tenta-
tive plans for which have been approved by the Division according
to the rules adopted under ORS 448.225 at the time of the approval,
and which does not threaten to cause a public health hazard, shall
not be subject to rules which may be adopted under ORS 448.245
after the date of approval. Ho'.jver, extensions, modifications
or alterations of the systems must comply with all rules adopted
under ORS 448.245 and in effect at the time of the extension, modi-
fication or alteration is approved pursuant to Subsections (1) and
(3) of ORS 448.225".
However, notwithstanding any rules adopted pursuant to ORS
448.205 to 448.325, during an emergency and for a reasonable time
thereafter, the Division is required to provide for exemptions when:
(a) Anyone operating a community, public utility or municipal
water supply system declares that the time required for compliance
with ORS 448.220 causes or is likely to cause a system to supply
water that is not adequate or that is a public health hazard.
(b) The Administrator or his authorized representative de-
ermines that the time required for compliance under ORS 448.220
causes or is likely to cause a system to supply water that is not
adequate or that is a public health hazard.
However, 30 days after an emergency is remedied the operator
of a community, public, public utility, or municipal water supply
system shall comply with all rules of the Division.
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Water Facility Design and Construction
Section 448.225 (plan approval required before construction of
supply system; plan content) requires approval of tentative plans
before construction of a water supply system. It is much easier to
change plans than to correct structural deficiencies. This Section
also outlines plan content and a procedure for resubmission of plans
if construction is delayed.
Before operating a community or public water supply system for
which tentative plans have been approved, final plans shall be sub-
mitted to and approved by the Division, either as originally sub-
mitted or as modified to meet requirements in effect at the time of
tentative approval. Within 21 days after receipt of the final plans
the Division is required to approve the final plans for the community
or public water supply system as long as any modifications or alter-
ations of the approved tentative plans meet the requirements of this
section. Approval of the final plans of the Division shall constitute
approval of the community or public water supply system.
Before constructing a domestic water supply source, the amended
statute requires that any person shall submit tentative plans to the
Division and must have approval of the plans either as originally
submitted or as modified pursuant to the Division's requirements.
The tentative plans submitted to the Division are required to show:
(a) The source of supply and the quantity of water available,
(b) The transmission and distribution systems with further
information as to the amount proposed to be taken and transmitted,
(c) The number of services to be supplied, and
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(d) Any additional data which the Division may require to
pass upon whether the proposed system will be in compliance with
rules of the division adopted under ORS 448.245.
Approval of tentative plans by the Division is required before
constructing or testing a domestic water well.
Final plans must be approved by the Division before operating
a domestic water supply source for which tentative plans have been
approved.
The Division is required to approve the domestic water supply
source final plans provided that required modification or altera-
tions of the approved tentative plans have been made. Approval of
the final plans by the Division constitutes approval of the domestic
water supply.
The amended Section also requires that the Division must propose
modifications to tentative plans within 21 days of submission or
the plans will be considered as approved. Tentative plans amended
to include modifications pursuant to the Division's standards and
resubmitted shall be considered approved upon resubmission. Ten-
tative plans otherwise modified and resubmitted to the Division for
approval shall be considered as submitted tentative plans.
Submitted tentative plans neither approved or modified by the
Division shall be considered approved by the Division upon submission
of a written statement to the Division from the person submitting
the tentative plans certifying that the tentative plans meet the
Division's standards.
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Within three days after resubmission of the tentative plans or
within three days after submission of written certification that the
tentative plans meet the Division standards, the Division shall
issue an unconditional written statement of approval of the tenta-
tive plans.
Section 16, Chapter 254, Oregon Laws of 1975, requires that
tentative plans for construction of a water supply source must have
approval either as originally submitted or as modified pursuant to
the Division's requirements.
This Section also provides that before operating a domestic
water supply source for which tentative plans have been approved,
final plans must be approved by the Division, either as originally
submitted or as modified to meet requirements in effect at the time
of tentative approval.
The Division is required to approve final plans for a domestic
water supply source provided that modifications or alterations have
been made in the approved tentative plans to meet requirements pursuant
to this section. The statute specifically provides that approval of
the final plans by the division shall "constitute approval of the
domestic water supply". Both tentative and final plans required under
this section are to be prepared by persons qualified to perform such
work (Professional Engineers registered in Oregon).
Section 448.230 (samples of water to be submitted for laboratory
analyses) provides that water samples should be submitted for labora-
tory analyses in compliance with rules of the Division by every person
or governmental unit operating a community, public utility, municipal
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or public water supply system. These samples are to be analyzed
by a laboratory approved by the Division. The results of the labor-
atory analyses are to be reported to the "local health administrator"
and to the person or governmental unit responsible for the operation
of the water supply system.
(It is interesting to note that this Section provides for exemp-
tion of railroad companies, which are subject to the jurisdiction of
the Interstate Commerce Commission, from the requirements of the
sampling provisions).
Surveillance of Water Systems
Section 448.235 (inspection of watersheds) pertains to inspection
of water supply watersheds. Sanitary inspections of such watersheds
are to made as often as considered necessary by the Division in the
interest of public health.
The sanitary inspection is to include an examination of sewage
and waste disposal facilities and houses, business establishments,
industries and buildings on the watersheds. The sewage and waste
disposal facilities referred to above are to be constructed and
operated in accordance with the rules of the State Environmental
Quality Commission and written reports of all such inspections are
to be made promptly to the Division and the Director of the Depart-
ment of Environmental Quality.
Section 448.240 (inspection of systems) provides that the
Administrator of the Division or his authorized representatives
may inspect community, public utility, municipal, and public water
supply systems to determine whether they or the water supplied
therefrom conformed to applicable laws and regulations.
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Drinking Water Standards
Section 448.245 (standards for water, water systems, and
inspection and testing) requires the Division to:
(1) Prescribe minimum standards for the biological, chemical,
radiological and physical quality of water supplied from water
supply systems.
(2) Set forth guidelines and minimum requirements for the
design, construction, maintenance, interconnection with other
water sources and operation of community and public water supply
systems to provide adequate and potable water. A guideline as used
in this Section is not a mandatory requirement but a suggestion
of alternatives for achieving minimum requirements.
(3) Provide criteria and procedures for inspection and testing
of water supply systems and existing, new and undeveloped domestic
water supply sources to determine that the water is potable.
(4) Determine types of materials not suitable for construction
of water systems where use of such materials has been found to cause
a public health hazard. Any rule designating such hazardous materials
shall include the basis for the findings of the Division.
Section 448.250 (remedy when water supply a health hazard) pro-
vides a remedy when a water supply presents a health hazard. The
remedy is to be applied as follows:
(1) Whenever a community, public utility, municipal or public
water supply system or part thereof presents or threatens to present
a public health hazard requiring immediate action to protect the
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public health, safety arid welfare, the Administrator may request
the District Attorney of the county to institute a suit in equity.
The suit may petition for a mandatory injunction compelling the
system to cease and desist operation or to make such improvements
and corrections as are necessary to remove the public health hazard
or threat.
(2) Cases filed under provisions of this Section or any appeal
shall be given preference on the docket over all other civil cases
except those given an equal preference by statute.
(3) Nothing in this Section is intended to prevent the main-
tenance of actions at law or suits in equity relating to private or
public nuisances or for recovery of damages brought by private persons
or by the state on relation of any person.
Section 448.255 (notice of alleged violations; order; hearing;
appeal) provides that there shall be a notice of alleged violation
or rules whenever the Administrator of the Division has reasonable
grounds to believe that a community, public utility, municipal or
public water supply systems or part thereof is being operated or
maintained in violation of any rule adopted pursuant to ORS 448.270.
The written notice is to be given to the person or governmental unit
responsible for the system or facility. The Section further describes
what should be included in the written notice and how it shall be
served. It also provides for hearing procedures.
Section 448.260 (order where supply inadequate) provides for
issuance of an order by the Administrator of the Division whenever
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a water supply in a community or public water supply system is not
adequate. The order may restrict waters usage to essential needs;
prohibit the installation of additional service connections; prohibit
any extension of the system; or any combination of these restraints.
This Section also provides for an appeal from such an order by
any person or governmental unit aggrieved by any order of the Adminis-
trator issued under this Section.
Section 448.265 (prohibited action; nuisance abatement) restricts
practices which may pollute a domestic water supply source or might
destroy or endanger a public, municipal, public utility or community
water supply system.
Section 448.270 (rules of the Division) provides that the Division
shall adopt such rules as it considers necessary and proper for the
purpose of carrying out the provisions of Sections 448.205 and 448.325
as well as Section 448.990. This is to be done in accordance with
applicable provisions of the administrative procedures and rules of
state agencies, Chapter 183.
Section 448.275 (contract with counties) provides that the Admin-
istrator of the Division may contract with district or county boards
of health to perform the duties of the Administrator of the Division
under Section 448.230 (samples of water to be submitted for labora-
tory analyses; reports; exceptions) and Section 448.240 (inspection
of systems).
Civil Penalties
Section 448.280 (civil penalties) provides that if, in addition
to any other penalty provided by law, any person violates any rule
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of the Division relating to the construction, operation or mainten-
ance of a community, public utility, municipal or public water
supply system, a civil penalty may be incurred not to exceed $500
for each day of violation.
Section 448.285 (penalty schedule; factors to be considered
in imposing penalty) provides for a penalty schedule and for
identification of factors to be considered in imposing penalties.
No civil penalty shall exceed $500 per day.
Section 448.290 (when penalty due; notice; hearing; order as
judgement) indicates when penalties are due; describes a procedure
for issuing notices, provides for hearings, and issuance of an
order as a judgement.
Section 448.990 (penalties) sets up penalties for violation of
Sections 448.225 (plan approval required before construction of
supply systems; plan content; resubmission if construction delayed),
Section 448.235 (injunction to enforce city ordinances) or Section
448.220 (compliance with rules required), 448.230 (samples of water
to be submitted for laboratory analyses; reports; exception), failure
to comply with any order issued by the Administrator of the Division
pursuant to the Section 448.260 (order where supply inadequate)
by any owner or public or private official or person responsible
for the operation of a community or public water supply, violation
of any rule of the Division adopted pursuant to Section 448.205 to
448.325 (water supply system) or by Section 448.265 (prohibited
actions; nuisance abatement), or Section 468.770 (prohibitions
relating to garbage or sewage dumping into waters of the state).
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City Authority
Section 448.295 (jurisdiction of cities over property used for
system or sources) describes jurisdiction of cities over property
used for their domestic water supply sources. While Section
448.215 (Division jurisdiction over domestic water supply sources)
gives the Division jurisdiction over domestic water supply sources
to the extent that the Division is to examine sources and surround-
ings periodically to ascertain whether the sources are adapted for
use as water supplies for drinking and in relation to provision
of consultation and advice to cities operating or intending to
construct community or public water supply systems concerning the
most appropriate domestic water supply sources and the best prac-
ticable method of assuring their purity or of disposing of their
drainage or sewage. Section 448.295 gives cities jurisdiction
over all property:
1. Occupied by the distribution system or by the domestic
water supply sources by and from which the city provides water,
2. Property acquired, owned or occupied for the purpose of
preserving or protecting the purity of the domestic water supply
source, and
3. Property acquired, owned or occupied by cities within
the areas draining into the domestic water supply sources.
Section 448.300 (city ordinance authority to enforce ORS
448.295 (jurisdiction of cities over property used for system or
sources)) provides that a city, by ordinance, may prescribe what
acts constitute offenses against the purity of its water supply
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and the punishment or penalties for such acts and may enforce
those ordinances within its corporate limits and on property over
which it has jurisdiction.
Section 448.305 (special ordinance authority to enforce ORS
448.295 (jurisdiction over property used of cities for system or
sources) refers to special ordinance authority of certain cities.
A city by ordinance may control recreational use of its water
supply watershed area or by ordinance may permit any such activity
in its watershed area on conditions specified in the ordinance.
These restrictions or permits however, may be applied only by
cities with respect to watershed areas which are the subject of an
agreement between the city and the U.S. or any department or
agency thereof and where such agreements authorize such actions
by the city.
The ordinance must provide for a penalty upon conviction or
a fine of not more than 100 dollars or imprisonment for not more
than 30 days or both such fine and imprisonment.
After adoption of an ordinance under this Section, the city
is required to post the area with suitable signs setting forth
the prohibition of access or the condition of permits imposed by
the ordinance.
Section 448.310 (investigation of complaints) requires the
person in charge of a domestic water supply source or a community
water supply system serving a city to investigate complaints made
to him concerning purity of the source or system and, if the com-
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plaint appears to be well founded, file a complaint against the
person violating ordinances of the city and to cause his arrest
and prosecution.
Section 448.315 (special police to enforce ordinance ORS
448.295). The mayor or authorities of a city having control of
its community water supply systems supplying the city may appoint
a special policeman who will have the power to enforce the city
ordinances and authorities pertaining to the community water
supply system supplying the city for which he is a special
policeman.
Section 448.320 (jurisdiction over violations of city ordin-
ances) provides that the Municipal or recorders court of any city
passing an ordinance under authority of ORS 448.300 or 448.305
and the Justice of the Peace Court or District Court of the
County in which city is located or in the watershed is located
shall have concurrent jurisdiction to try and determine any pro-
secutions brought under such ordinance.
Section 448.325 (injunction to enforce city ordinances)
provides that in case of violation of any ordinance adopted under
ORS 448.300 or 448.305 any city owning a domestic water supply
soured or the community water supply system for the purpose of
supplying any city or its inhabitants with water may have the
nuisance enjoined by civil action in the circuit court of the
proper county.
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Other Applicable Statutes
ORS Sec. 654.105 was repealed in 1973 and Sec. 654.241 was
enacted in its place.
Sec. 190.110 {authority of units of local government and state
agencies to cooperate). This section provides that a unit of local
government or a state agency may cooperate, by agreement or other-
wise, with a unit of local government or a state agency of this or
another state, or with the United States, or with a United States
Government Agency in performing a duty imposed upon it or in exer-
cising a power conferred upon it. This power to cooperate by
agreement or otherwise includes power to provide jointly for
administrative officers.
Sec. 454.685 (order limiting or prohibiting construction;
factors to be considered). Whenever the Environmental Quality
Commission finds that the construction of subsurface sewage dis-
posal systems or nonwatercarriage sewage disposal facilities
should be limited or prohibited in an area it is authorized to
issue an order limiting or prohibiting the construction. In
issuing such an order the Commission considers, among other fac-
tors: (1) the porosity and absorbency of soil, (2) any geological
formations which may adversely affect the disposal of sewage
effluent by subsurface means, (3) ground and surface water con-
ditions and variations from time to time, (4) present and pro-
jected availability of water from unpolluted sources, and (5) type
of and proximity to existing surface waters.
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Section 447.020 (plumbing to conform to requirements;
enforcement). This section requires that all installations of
plumbing and drainage in buildings and structures in Oregon and
all potable water supply draining and waste installations within
or serving buildings shall be made in accordance with requirements
of this Chapter.
Section 447.140 (waste and sewage; requirements; prohibitions).
This section provides that no plumbing fixture, device or equipment
may be installed, maintained or offered for sale which will provide
a cross-connection between the distribution system of water for
drinking and domestic purposes and any other water supply, or a
drainage system, soil or waste pipe so as to permit or make possible
the backflow of contaminated water, sewage or waste into the water
supply system.
ORS 92.445 (water and sewage plans required; exception).
This section provides that no subdivider of a real estate subdivi-
sion may sell or enter into any contracts for the sale or lease
of a lot or parcel in the subdivision until preliminary plans have
been submitted to the Oregon Department of Environmental Quality
for provision of domestic water supply and sewage disposal facil-
ities. This section, however, does not apply to those subdivisions
which have been approved for the purpose of building homes to
be financed by the Federal Housing Authority Insured Loans or
Veterans' Administration Guaranteed Loans.
Section 757.005 ("public utility" defined) defines a "public
utility" as any corporation, company, individual, association of
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individuals that owns, operates, manages or controls a plant or
equipment for the production, transmission, delivery or furnishing
of water to or for the public whether or not such plant or equipment
is wholly within any town or city.
This section further states the "public utility" does not
include:
1. Any water system owned by a corporation organized under
the Oregon Non-Profit Corporation Law, or
2. Any water utility serving less than 200 customers at a
rate of $10 or less per month, which provides adequate and non-
discriminatory service, and has less than $20,000 annual gross
operating revenues.
Section 431.715 (resolution requesting Division to initiate
formation or annexation). The County Court or the local or District
Board of Health, having jurisdiction over territory where it
believes conditions dangerous to the public health exist, may
adopt a resolution requesting the Division to initiate proceedings
for the formation of or annexation of territory to a District with-
out vote or consent in the affected territory.
The requesting body is required to make a study and prepare
preliminary plans and specifications for the service facilities
(e.g., drinking water supplies) considered necessary to remove
or alleviate the conditions causing a danger to public health.
The requesting body is also required to prepare a schedule setting
up the steps necessary to put the facility into operation and the
time required for each step in implementation of the plan.
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Upon receipt of a certified copy of the resolution referred
to in Section 431.715, the Division shall review and investigate
conditions in the affected territory. If it finds substantial
evidence that a danger to public health exists in the territory,
it shall issue an order setting a time and place for a hearing on
the resolution.
Section 431.725 provides further that if the Administrator of
the Health Division finds that a danger to public health exists
because of conditions within the territory, and that such conditions
could be removed or alleviated by the provisions of service facil-
ities specified, he shall enter his findings in an order directed
to the officers of the Boundary Commission concerned.
Sec. 431.740 provides that the Division and the Commission
shall use their applicable powers of enforcement to insure that
the service facilities are constructed or installed in conformance
with the approved plans and schedules.
An alternative to the formation of a District is provided for
in Section 431.745 (petition for alternative plan). A petition
for the alternative shall state the intent of the residents of the
territory involved to seek annexation to an existing city or
special district authorized by law to provide service facilities
necessary to remove or alleviate the dangerous conditions.
Chapter 627, ORS, and Sections 32-200 through 32-250 of the
Oregon Administrative Rules Compilation pertain to the manufacture
of ice. This statute and related regulations provide for inspection
of ice manufacturing plants and use of an approved community or
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public water supply system for all water used in an ice plant.
The statute also provides for sampling and condemnation of adul
terated ice.
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WATER SUPPLY PROGRAM ACTIVITIES AND RESOURCES
Program Organization and Administration
Most water supply systems that serve the public in Oregon
are supervised by the State Department of Human Resources, Health
Division, Office of Protective Health Services. Within the Office
of Protective Health Services, community water supply systems are
administered by the Public Health Engineering Section. Other
public water supply systems are administered by the Community
Sanitation Division. Individual water supply systems are also
handled by the Community Sanitation Section.
There are two advisory boards which serve the Office of
Protective Health Services in matters concerning water systems
which serve the public. These are the Water Works Operators
Certification Committee and the Sanitary Engineering Advisory
Committee.
There are several other state departments that have important
responsibilities for parts of the drinking water supply programs
in Oregon. These are identified as follows:
1. The State Department of Agriculture has the legal and
regulatory responsibilities for administering the state's Bottled
Water Program. Oregon statutes require that this be done with the
cooperation of the State Health Division.
2. The State Public Utilities Commission has jurisdiction
to set water rates, and also to approve areas of service in seven
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counties over certain privately owned water utilities serving
the public.
3. The State Department of Water Resources has responsibi-
lities which have special significance in the protection of ground-
water sources for water supplies serving the public, as well as
for water supplies serving individuals.
Department of Commerce has responsibility for review and
approval of plans for water systems (other than source) that serve
mobil home parks. The Department of Commerce also administers the
state plumbing code including on premise control of cross-connections
and back siphonage.
It is understandable that there is some confusion between
agencies and on the part of the public in understanding the division
of responsibilities and in knowing what agency or agencies have
primary responsibilities. The Health Division should promote
interagency communication and understanding of each other's
activities.
The principle activities of an adequate state water supply
program are:
1. Surveillance and technical assistance are of primary
importance. Special attention must be given to the protection
and the location of various parts of the system, especially to
the source, storage, distribution, and treatment including their
design, construction, operation and maintenance. These factors
pertain primarily to physical features of the system and its parts.
Adequate surveillance and technical assistance include the following:
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a. thorough, periodic sanitary surveys and inspections
of existing public water supply systems,
b. water facility construction surveillance, including
review of preliminary engineering studies, plans and specifications,
(The basis of plan review is that changing plans is less expensive
to the taxpayers than changing structures.)
c. general technical assistance to support water supply
activities of other state agencies, local health departments, and
federal agencies,
d. planning for normal and emergency operations,
e. participation in reporting waterborne diseases,
f. critical evaluation and use of water supply data,
and
g. enforcement of water supply statutes and regulations.
2. Bacteriological sampling of each public water supply:
a. sampling at a level of frequency no less than that
prescribed by the National Interim Primary Drinking Water Regula-
tions. (See appendix C)
b. procedures to assure immediate location and correction
of sanitary defects, resampling and necessary follow up when unsatisfactory
bacteriological results are encountered.
3. Periodic chemical analyses should be made of all public
water supplies.
4. The reliability of laboratory analyses both bacteriological
and chemical should be assured through use of laboratories that have
been evaluated and certified by the state.
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5. Competence and qualification of system operating personnel
should be assured through operator training and certification.
A primary objective of a state drinking water supply program
evaluation is to determine the resources necessary for the state
to conduct an effective program.
ENGINEERING SURVEILLANCE AND TECHNICAL ASSISTANCE
Criteria for the surveillance of water supply systems serving
the public are provided in the EPA Manual for Evaluating Public
Drinking Water Supplies: "Frequent sanitary surveys shall be made
of the water supply system to locate and identify health hazards
which might exist in the system". The frequency of sanitary
surveys and inspections will vary depending on the nature of the
systems. It is desirable, however, that such a survey or inspection
be made annually for each system. These should be supplemented by
follow up visits to correct specific problems.
The purpose of sanitary surveys of public water supply systems
is to identify and describe sanitary defects and health hazards
which might exist in the systems and to schedule their correction
or removal.
A public water supply system may be described as including
"the works and auxiliaries for collection, treatment, storage, and
distribution of the water from the source of supply to the free-
flowing outlet of the ultimate consumer". Sanitary protection is
concerned with all those parts of a water system that come within
this description.
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Proper evaluation of a public water supply requires a careful
study of the source, operation, maintenance and treatment practices
as well as protection of all parts of the system. A sanitary
survey is of primary importance in this evaluation. If the survey
reveals sanitary defects (health hazards) its safety cannot be
assured even if bacteriological and chemical quality are satis-
factory in all respects.
As a minimum, a compilation and an evaluation of existing
facilities and operating procedures is required. The following
is an example of the necessary information if such facilities
are provided:
1. The complete sanitary survey of the water system and
its environment from source to the consumers' tap;
2. A description of the water system's physical features
including adequacy of supply, reliability, treatment processes and
equipment, storage facilities, and delivery capabilities;
3. An analysis of 12-month bacterial records and current
chemical records on water delivered to the consumers. Samples and
analyses of the water from the source and from the treatment plant
may also be analyzed if treatment is provided.
4. An analysis of operating records showing present capacity,
water demands, production to meet demands, and anticipated future
demands;
5. A review of management and operation methods and of the
training, experience, and capabilities of personnel;
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6. A review of treatment plant and supporting laboratory
equipment and procedures, including the qualifications of the
laboratory personnel;
7. A review of State and local regulations and plumbing
codes and their implementation;
8. Evaluation of emergency plan;
9. A summary and analysis with recommendations for correc-
tion of conditions pertinent to all water-system-related sanitary
defects (health hazards) that were observed during the sanitary
survey including cross connections, lack of adequate pressure and
an evaluation of consumer complaints.
Health hazards are "any conditions, devices, or practices in
the water system and its operation which create, or may create, a
danger to the health and well-being of the water consumer. An
example of a health hazard is a structural defect in the water supply
system, whether of location, design, or construction, which may
regularly or occasionally prevent satisfactory purification of
the water supply or cause it to be polluted from extraneous sources".
Structural defects are often referred to as sanitary defects and
are examples of health hazards. Detection of health hazards requires
a careful survey of the entire water supply system. Complexity of
this task varies from the relatively simple investigation of a
single well supply and limited distribution system to the involved
survey of a supply that includes complete treatment facilities and
complex source, distribution and storage systems.
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Qualified engineers or sanitarians should make sanitary
surveys of public water supplies. Competence of surveyor determines
the reliability of the data collected and their proper interpretation.
Although qualifications constituting his competence cannot be
perfectly defined, he should be able to carry out the objective
of the sanitary survey; to collect sufficient information to
evaluate the features of the water supply from source to tap,
employing maps and sketches where appropriate. A description of
the physical features of a water supply should include:
1. The name, the location and the owner of the supply;
2. A description of sources and catchment areas;
3. A description of the storage available before and after
treatment; and
4. A description of the system including date of installation
of the main works, changes in ownership and a record of major exten-
sions or alterations made since the last survey.
Design and Construction
An important part of a state water supply program concerns
the review of preliminary engineering feasibility studies and the
review of construction plans and specifications for all new water
supply facilities, as well as for modification of existing facilities.
Changing or modifying plans is much easier than changing structures.
Approval of a new facility should also include the approval of the
source of supply. This review and subsequent inspections reduce
the development of potential problems and proper system modifications
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can expeditiously correct existing problems. A formal approval should
be issued after an engineering report, and plans and specifications
have been received and found to meet minimum design criteria and
requirements of Rules and Regulations.
Preliminary Engineering Studies and Source of Supply
One important reason for a preliminary study of a proposed
drinking water supply project is the determination of the adequacy
of both quantity and quality of the water supply source. A careful
review of the source of supply is critical to the later review of
plans and specifications since the design of treatment plant facil-
ities is largely based on the quantity and quality of the source.
If the source is not adequately protected by natural means, it must
be protected by treatment. The EPA Manual for Evaluation of Public
Drinking Water Supplies includes detailed information about sanitary
requirements for water source protection. In addition, the EPA
National Interim Primary Drinking Water Regulations serve as a
guide in evaluating quality of the water supply source.
In the interest of controlling the proliferation of small
water supply systems, there are many instances where interconnections
with existing systems should be given consideration.
Review of Plans and Specifications
The drinking water supply program agency should provide a
thorough and comprehensive engineering review of plans and
specifications for construction of all new drinking water facilities
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and modifications of existing facilities. These reviews should be
based on comprehensive facility criteria and standards which provide
the basis for the review of plans and specifications submitted by
the designing engineer. Such plans and specifications should be
prepared (and reviewed) by an engineer licensed to practice profes-
sional engineering (in the state of Oregon).
Special Surveillance Activities
Although cross-connection control, fluoridation of fluoride
deficient public water supplies and the regulation of bottled
water quality can all be considered a part of normal surveillance
activities, they are given separate consideration because of their
special character.
a. Cross-connection control
A primary objective of the state water supply agency's
cross-connection control activity is encouragement and support of
local programs for backflow prevention and cross-connection control
by owners and managers of water supply systems serving the public.
Cross-connections are serious health hazards which cause, in many
known instances, the spread of dangerous waterborne disease, chemical
poisonings and death. Most communities do not have effective cross-
connection control programs and much remains to be done in the areas
of public awareness, training, location and correction of these
hazards.
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The judgement of the effectiveness of a state cross-connection
control program can be based upon: 1) the success in implementing
the cross-connection regulations and the degree to which local pro-
grams are promoted and supported, 2) the extent to which cross-con-
nection control programs are established and enforced at the local
or municipal level, and 3) the scope and effectiveness of education
and training provided by the state program.
The overall effectiveness of a cross-connection control
progam depends on the support of local government and admini-
strative officials as well as a program of health education for
the general public. A prerequisite to good control is the
stimulation of equipment manufacturers, planners, designers,
inspection and construction personnel and water utility main-
tenance personnel to a realization of the importance of this
type of water system defect. A positive educational and training
program at the state level is vital to the establishment of an
effective cross-connection control program.
b. Fluoridation
Fluoridation of fluoride deficient public water supplies
is an important and urgently needed public health measure which
is effective in significantly reducing the incidences of the
disease, dental caries. Where fluoridation is practiced, the
water supply program has a responsibility for establishing
criteria and approval of plans, and the surveillance of the
fluoridation installation after the system is put into operation.
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An adequate level of fluoride ion in the distribution system is
the single most important factor in evaluating the adequacy of a
community water fluoridation effort. Check samples should be sub-
mitted to the state for fluoride ion analyses on a regular basis.
Such installations should receive periodic inspections at least
annually, by representatives of the state water supply program agency.
In addition, monthly operations reports should be submitted to
the state. These should include the results of daily analyses of
fluoride ion content of the finished water, periodic analyses of
the raw water and daily calculations of the theoretical fluoride
level and dosage based on the quantity of fluoride fed to the
volume of water treated,
c. Bottled Water
Bottled water distributed for use as drinking water
should comply with the same health-related constituent limits, and
monitoring requirements of the National Interim Primary Drinking
Water Regulations that are applicable to all other public drinking
water supplies. In Oregon, surveillance and enforcement of these
standards is a function of the State Department of Agriculture.
This agency should have an effective surveillance and enforcement
program to ensure that bottled water sold in Oregon is meeting the
requirements of the State's Drinking Water Standards.
Technical Assistance
The state drinking water supply agency may provide engineering
and technical assistance in a variety of ways. Often when water
supply responsibilities are divided among a number of state or
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local agencies, the principle water supply agency provides advisory
and coordinating service as well as support. Some of these activities
may include small public water supplies under the administrative
responsibility of the State and/or local health departments. Another
activity to which the agency may lend its support and assistance is
bottled water. These activities are important and time consuming
enough that the agency must budget time and resources to carry them
out.
Planning
In light of the problems which develop as a result of the pro-
liferation of small underdesigned and poorly operated systems in
some areas, it is desirable for the state program agency to encourage
the orderly development and planning of public water supply systems.
The problem of small systems which is common to most states
includes such things as problems of financing the basic plant, equip-
ment, supplies and operation which are necessary if they are to meet
minimum water supply standards. The large numbers of small water
supply systems are a major part of the responsibility and workload of
the sanitary engineers and sanitarians who must provide a program
for their regulation and sanitary control. This problem is compounded
because the majority of small systems which must be supervised,
provides services to relatively few customers.
Where possible and economically feasible, the physical and/or
managerial consolidation or regionalization of existing small water
supply systems into larger, more viable single units is a definite
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advantage to the public served. Such consolidation or regionalization
should therefore be actively sought and promoted by the state.
The state water supply program should include the following areas
of planning activity:
a. acquisition and a periodic review of comprehensive
area land-use and development plans;
b. the active promotion of consolidation or regional-
ization of existing small water systems where possible or economically
feasible;
c. a review of p^eii;;iinary engineering studies to
determine the feasibility of consolidation;
d. strict requirements on the design, construction
and operation of small systems to discourage their proliferation;
e. emergency measures and mutual aid for supplies and
equipment; and
f. alternative energy needs and priorities.
Waterborne Disease Reporting
In spite of the fact that waterborne disease outbreaks occur
much less frequently in this country than elsewhere, such outbreaks
still occur and the frequency of occurrence is on the increase in
the U.S. The occurrence rate is unusually high in Oregon. If the
entire U.S. residential population had the same occurrence rate as
Oregon, then there would be almost 1026 occurrences in the U.S.
rather than the 175 that actually occurred in the 11-year period
from 1961 to 1972.
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These outbreaks cause, on the average, about 1600 illnesses and
1 death per year. Unusual occurrences of any diseases are reported
by the individual states to the Public Health Service Center for
Disease Control. It is estimated that only about half the outbreaks
which occur are thus reported. Too often the investigation of out-
breaks is incomplete and conducted long after the outbreak occurs.
There has been an increasing frequency of occurrences of these
outbreaks in Oregon since 1961.
There are a number of ways that a state can improve the detection,
investigation, and reporting of waterborne disease:
a. establish an epidemiological team to investigate
suspected or reported waterborne disease outbreaks; (ODHR has a
state epidemiologist.)
b. establish a cooperative agreement among the state,
county and local agencies that are involved in such activities as
water supply surveillance, food and drug regulation, and restaurant
and milk sanitation, to centralize reporting of disease outbreaks;
c. establish an agreement with the State Medical
Association to report the occurrence of selected diseases related
to drinking water; and
d. record all known waterborne disease outbreaks, sus-
pected waterborne disease occurrences and all investigations.
Data Management
An immense quantity of data must be collected, evaluated, and
filed for the successful management of a state drinking water supply
program. Public Law 93-523 and its regulations establish monitoring
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and reporting requirements which will require an integrated ADP sys-
tem. Information on bacteriological and chemical surveillance,
engineering inspections, sanitary surveys, and monthly water system
operating reports for community water supply systems is essential.
The monitoring requirements for non-community systems is not as com-
prehensive, but their greater numbers will generate a vast amount of
data. Several hundred community systems and almost 2,000 non-commun-
ity systems have already been inventoried by the State.
The sheer volume of data anticipated from these supplies dictates
a computer system. Such a system could be developed utilizing 10
subsystems or files of data handling capability as shown below:
1. Inventory,
2. Water quality compliance,
3. Variance and exemptions,
4. Federal Reports,
5. Certified laboratory inventory,
6. Enforcement actions,
7. Regulations up-dating (time base),
8. Mailing address,
9. Sanitary surveys (priority, schedule, and classification of
results), and
10. Management reporting.
Subsystems can be integrated to provide the management information
needs and federal reporting requirements of the Safe Drinking Water
Act.
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WATER QUALITY SURVEILLANCE
Bacteriological Surveillance
Criteria contained in the National Interim Primary Drinking
Water Regulations and Manual for Evaluating Public Drinking Water
Supplies should be used in evaluating the bacteriological surveillance
of public drinking water supplies. The number of samples and
frequency of sampling is contained in the Regulations and is based
on population served by a distribution system. Bacteriological
monitoring is an operational procedure to be performed at the
expense of the water utility. However, the state is responsible
for performing a minimum of analyses to assure itself that the
sample collection and analyses by the water utility are properly
performed. The state should also provide bacteriological surveillance
sufficient to check laboratory analyses conducted by and for public
water supplies and, in the case of small systems which lack laboratory
capability, bacteriological surveillance sufficient to meet the
Regulations. The state should undertake periodic surveys of
laboratories (at least every three years} and continually compare
state laboratory results with the result furnished by the utilities.
Each month the state or local health agency should examine for
each water supply system serving the public 5 percent of the distri-
bution system samples required by the Drinking Water Regulations.
When bacteriological samples show contamination in three or
more of five fermentation tubes (10 ml) or a membrane filter count
of five or more coliforms per hundred ml, the cause of the problem
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(sanitary defect(s)) should be located, corrected and daily check
samples should be collected from the same sampling point until the
results from two consecutive samples show the absence of coliform
bacteria. It is particularly important that the lapsed time between
the determination of contamination by the laboratory and the notifica-
tion of the supply that resampling is necessary, must be kept as
short as possible. This requires telephone notification rather than
mail service. Preferably, resampling should begin the same day
laboratory results become available. This requires close communica-
tion between the water supply program office and the laboratory.
Review of bacteriological laboratory results and a systematic
procedure to examine and record bacteriological data from the state
and the water utility laboratories should be provided by the program
office. Failure to review results reported from the laboratory or
a review of results performed sporadically and in an unsystematic
manner can allow serious bacteriological problems to go undetected
and uncorrected.
Chemical Surveillance
The principal features of a chemical surveillance program for
a water supply serving the public are:
a. a program policy or regulations that specify the
frequency and type of chemical determinations for each public water
supply;
b. adequately equipped and staffed laboratories to
handle the number of chemical analyses specified;
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c. a reporting system and record keeping procedures
to assure continual updating of the files and to facilitate a
systematic check of the data and type of previous chemical analyses; and
d. an action program designed to eliminate the hazard
when health limits for chemical constituents are exceeded.
The purpose of sampling and analyzing drinking water for
physical and chemical characteristics is to determine if it is
in conformance with the Drinking Water Regulations. Compliance
with the limits of these regulations should be based on the collection
and analyses of samples that are representative of water quality in
the distribution system.
As a minimum, a complete chemical analysis should be made
annually for surface supplies, and triannually for groundwater
supplies. These analyses should include all the constituents
listed in the Drinking Water Regulations.
These chemical monitoring criteria are based on the National
Interim Primary Drinking Water Regulations.
It is recognized that a large number of water supply utilities
do not have the capability to make some of the more important
health-related analyses listed in the Drinking Water Regulations.
Where this capability does not exist, water purveyors should
arrange with private laboratories for this service. The state
should assume responsibility for sufficient sampling and analyses
to provide quality control.
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Laboratory Support Services
Laboratory support capability is a vital element in a state
drinking water supply program. Both bacteriological and chemical
laboratories should be sufficient in number, staff and equipment
to handle the number of samples specified. Laboratories should
be strategically located geographically to provide for minimum
bacteriological sample travel time.
Laboratory Evaluation and Certification
Evaluation and certification of all laboratories examining
the bacteriological and chemical quality of drinking water supplied
to the public are considered necessary for the proper operation of
a state water supply program. To produce reliable data it is essen-
tial that approved laboratory methods be adopted in all laboratories
which monitor public water supplies.
The National Interim Primary Drinking Water Regulations relate
not only to water quality but also to laboratory methods and
technical competency of laboratory personnel. Laboratory results
may be accepted from the laboratories of the state agency, local
government laboratories, water works authorities and commercial
laboratories, but only when these laboratories have been approved
for use by the state water supply agency. Traditionally, EPA has
approved the state bacteriological laboratories, which in turn,
through qualified laboratory survey officers, certify the laboratories
of local health departments, water works authorities, and commercial
establishments.
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The goal of the state evaluation and certification program
should be to upgrade techniques and procedures in all laboratories
engaged in drinking water analyses so that their data are acceptable
for official use in monitoring public water supplies.
The basic purpose of a laboratory evaluation is to extend
technical consultation that will lead to improvements in overall
service and reliability of data. The EPA Handbook for Evaluating
Water Bacteriological Laboratories serves as a guide for conducting
evaluations.
EPA's Office of Research and Development is preparing guide-
lines for a national analytical quality control program which include
chemical laboratory certification.
The optimum frequency of the state public health laboratory
evaluations appears to be once every three years. Experience
indicates that visits at more frequent intervals yield little
value to either the staff or the program while longer intervals
result in an increased number of deviations observed. Obviously,
where there are major difficulties or a large turnover of labora-
tory personnel, evaluations should be performed more frequently,
depending upon the individual situation.
Operator Certification and Training
The operation of drinking water supply facilities must rest
in the hands of persons qualified by training and experience. This
is becoming more important each year as improved technology in water
treatment increases the complexity of operational requirements and
the public demand for improved water quality and service increases.
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51
The establishment of a program to achieve a high standard of opera-
tional performance should be a first level objective of a state water
supply program. Mandatory certification is essential to meet
this goal. Short schools, correspondence courses, courses at
Junior Colleges and vocational schools and frequent visits by
competent regulatory agency personnel are all a part of a good
program.
Certification of Qualified Operators
Certification should be required of all operators of water
treatment plants and water distribution systems who can meet the
minimum qualifications of a given classification. Certification
should insure that every operator in responsible charge of a
water treatment plant or a water distribution system holds a
certificate in a grade equal to or higher than the grade of the
facility he operates. In addition to a technically qualified
chief operator (or manager), the water plant and distribution system
should also be staffed with an adequate number of competent (pre-
ferably certified also) operators and maintenance men some of which
are qualified to handle the operations in the absence of the chief
operator or during an emergency situation.
The Association of Boards of Certification for Water and
Wastewater Utilities Operating Personnel concludes that: "Existing
and future certification programs should recognize the need for a
career ladder in utility operations and management, and that the
practice of certifying only one person per facility is becoming
obsolete. Personnel in charge of an operating shift should be
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52
certified at no less than one level below that of the facility
classification. All other operating personnel who may affect the
quality of operation or a final product should be encouraged to
become certified at some level."
The level of qualification required for water treatment system
operators and distribution system personnel should be based on the
size and complexity of the system operated. This requires the
development of a classification system for facilities.
Certificates should be issued in a comparable classification
without examination to any person who holds an operators certifi-
cation from any state, if, in the opinion of the Water Works
Operators' Certification Committee, the requirements for certifi-
cation of operators under which the person's certification was
issued do not conflict with requirements of their program and are
of a standard not lower than the requirements of their program.
Training of Operators
The education and training of water utility personnel is
fundamental to a successful certification-of-qualification program.
Education and training needs should be identified separately. Too
often training is emphasized at the expense of education. The pro-
fessional needs in water supply facilities management cannot be met
through training alone. Training and educational programs should
be available for professional regulatory personnel, utility manage-
ment and supervisory personnel, and water facility laboratory and
operating personnel. Many types of training are available. In
general, the basic role of the 2- and 4-year colleges are educational
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53
and that of the trade and vocational-technical schools are training.
Courses at vocational schools and Junior Colleges may vary in length
from a few weeks or months to two years and may be conducted on the
basis of 40 hours per week.
Many state water supply agencies provide or support operator
training by conducting a number of "short courses". These courses
have, for the most part, been designed to review existing knowledge
and make available information concerning new developments.
State educational institutions and private concerns should be
encouraged to develop basic training courses for operators. Certain
unique characteristics exist in the water supply fields that engender
special training needs. Cooperative efforts may be required of the
state water supply program agency, the State Department of Education,
and the private and commercial educational institutions to insure
the availability of a viable education and water supply training pro-
gram. It is suggested that the basic responsibility for operator
training resides with the water utility and the operator. This
approach to training is also supported by the American Water Works
Association and the Association of Boards of Certification.
Probably the single most important and effective action that
the state water supply program can employ that will improve operators
and plant operation is the in-plant training and assistance that is
normally given during regular inspections and technical assistance
visits to the utility. The state water supply engineers or profes-
sionals conducting the inspections or visits should be training
oriented and tactful in pointing out deficiencies and suggesting
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54
improvements. Such visits can be a powerful force for operator
improvement, and, hence, operations improvement.
Program Administration
The Administration of a water supply program includes a number
of key activities. Administrative and management activities will
involve a considerable portion of the costs for conducting a program.
The principal functions of program administration are efficient
management, coordination and planning for a comprehensive state-wide
water supply program and its related activities. Administrative
and management elements of a state program will include:
A. Development of policy and coordination of program activities.
(1) development and implementation of program policy
(2) development of staffing and budget needs
(3) provision of program direction, coordination and
supervision.
B. Development of basic water supply legislation and rules
and regulations including standards, criteria and guidelines.
(1) review and revision of existing laws
(2) analyze and testify on proposed legislation
(3) develop and promulgate standards, criteria and guide-
lines. Periodically review and update standards.
C. Coordination of state, federal and local drinking water
supply programs, including development and implementation of com-
patible regulations, standards, policies, and guidelines.
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BOTTLED WATER
Oregon statutes or regulations do not specifically mention
bottled water. The State has not established quality standards for
bottled water.
Oregon's food laws, administered by the Oregon Department of
Agriculture, define food as "articles used for food and drink".
This has been interpreted to cover bottled water. Water bottlers
are regulated by the State Department of Agriculture in the same
manner as other food processing establishments. The Agriculture
Department reports that there are four bottled water dispensers in
Oregon; one in Oregon City, two in Grants Pass, and one in Portland.
The State food laws, which are similar to the Federal Food,
Drug and Cosmetic Act, require food processors to be licensed by
the Department of Agriculture and prohibit the sale or delivery of
food that is adulterated. The Law also establishes general sanitation
requirements for food processing and food establishments and autho-
rizes the Department of Agriculture to inspect all food processing
facilities and to take product samples for laboratory testing. The
water supply serving a food processing plant must have the approval
of the state or local health authorities.
The Department of Agriculture has an objective of inspecting
each water bottling plant at least twice each year. This inspection
does not usually cover the water supplies serving the processing
plant. In other words, once a water supply for the plant has received
the approval of the state or local health authority no further survey
or inspection is made.
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56
Bottled water is sampled frequently. Samples are analyzed by
the Department of Agriculture to determine whether coliform bacteria
are present. No analyses are made for chemical content, pesticides
residues, or radioactivity.
The Federal Food and Drug Administration has published regulations
for the quality control of bottled water shipped interstate. (Federal
Register, Vol. 38 226, Part III, November 26, 1973).
Section 410 of the Safe Drinking Water Act provides that upon
the promulgation of National Interim Primary Drinking Water Regula-
tions, and after consultation with EPA, the Food and Drug Administration
shall, within 180 days after the promulgation, either amend the regula-
tions applicable to bottled water or publish in the Federal Register
the reasons for not making such amendments. Since interim regulations
were promulgated December 24, 1975 the decision on regulations
for bottled water from the Federal stand point should be made by June 24,
1976.
Whatever action is taken, it is expected that the State water
standards applicable to bottled water will be at least as stringent
as Federal regulations and bottlers will be expected to comply with
State regulations.
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CURRENT STATUS OF PUBLIC WATER SUPPLY SYSTEMS IN OREGON
The ultimate measure of the adequacy of a state drinking water
supply program is the availability of adequate water of good quality
for public use and the condition of the state's water supply systems.
A review of records of a representative sample of the state's water
supplies provides valuable information concerning the state's program
as well as developing a "base line" for future evaluations. The
review also provides a basis for an objective evaluation of the
state's program.
The purpose of sanitary surveys is to determine the condition
of the water supplies. The surveys include inspections and evaluations
of the sources of water supplies, treatment, storage, distribution,
operation and maintenance. They also include a review of laboratory
sample analyses for bacteriological, chemical, physical and radiological
constituents.
Public health protection of drinking water supplies should insure
that each component of the production, storage, and distribution
processes functions with minimum risk of failure. Flawless treatment
avails nothing if the distribution system permits entrance of con-
tamination through faulty facilities such as uncovered distribution
storage or cross-connections. Similarly, excellent operation of a
conventional water treatment and distribution facility will not
protect public health if impurities which are not removable by treat-
ment are present in the raw water source.
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58
SURVEY METHODS
On-site inspections of water supply facilities and operating
procedures, and bacterial and chemical sampling at representative
points in water supply systems were not carried out in this program
evaluation. The approach in determining the status of water supply
systems was to confine the evaluation to a careful examination of
a representative sample of water supply system files recorded in
the State Public Health Engineer's office.
This examination gave an excellent indication of the frequency
of sanitary surveys and inspections as well as histories of bacterial
and chemical quality. These examinations permitted a reasonably
accurate and objective assessment of the State's surveillance and
enforcement activities.
It is generally conceded that the Oregon surveillance, super-
vision and enforcement activities in relation to public drinking
water supplies is inadequate and in dire need of improvement. It
was therefore agreed that the program evaluation should be based
in large measure on discussions with the agency staff and exami-
nation of files, thus making field trips and water supply evaluations
unnecessary.
SELECTION CRITERIA
The state agency is concerned with all public water supply
systems in the state. The evaluation sample therefore should include
all types even if administered by different organizational units.
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59
Community supplies included in the evaluation sample represent
water supply practice in the state arid reflect:
System size,
Types of sources and methods of treatment,
Geographical location within the state, and
Political sub-division or water supply surveillance districts.
Other public supplies could not be evaluated from an
examination of the files in the state agency office. Evaluation
of their supervision is treated under a separate section of this
evaluation report.
REVIEW OF WATER SUPPLY RECORDS
Procedures followed by the Oregon Division of Health in surveil-
lance and in maintaining records on community water supplies were
reviewed. Water supply data pertaining to the physical features of
community water supply systems are recorded on Oregon State form
WSSP-3. This data form covers the following features of community
water supplies:
Name of the supply location and ownership,
Number of services, percent metered, and consumption.
The features of the source of a community water supply are
described under the following headings:
Name of source,
Description of the intake works,
Sanitary defects or health hazards at the source, and
Possible auxiliary sources.
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60
Physical features described under transmission and distribution
are as follows:
Transmission line,
Storage facilities,
Distribution system,
Cross-connection control, and
Sanitary defects and health hazards in the distribution system.
Details of water treatment provided can be described on the
survey form. This description includes such things as, type of
treatment, capacity, date of installation, etc. The form is dated
and signed by the sanitary survey officer.
Analyses of bacterial and chemical records are made by the
Division's engineering staff working with community supplies.
This staff also makes analyses of operating records which are
supplied monthly. At the time of the sanitary surveys or follow-up
inspections, the engineers review maintenance, operation and treat-
ment records. Reviews are also made of treatment plant and supporting
laboratory equipment and procedures and periodically an evaluation
is made of qualifications of laboratory personnel and procedures.
The Division files contain very limited information on training,
experience and capabilities of system operation personnel.
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61
PUBLIC WATER SUPPLIES IN OREGON
COMMUNITY WATER SUPPLY SYSTEMS
Over 1.8 million people or 81 percent of Oregon's total popu-
lation of 2,266,000 are served by 727 community water supply systems
which have 15 or more service connections or regularly serve at
least 25 individuals. More than half of these systems supply water
to communities having populations of less than 500. The remaining
19 percent of Oregon's people are served by an unknown number of
other smaller public water systems and individual water supplies.
As of January 1, 1975, the following sources of water were
being utilized by the 727 community water supply systems in Oregon:
Source of Water Number of Systems Percent
Surface 336 46
Ground 356 49
Mixed Surface & Ground 35 5
Total 727 100
Over half of these community water supply systems serving over
1.6 million people chlorinate their drinking water.
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TABLE /
SUMMARY - COMMUNITY WATER SUPPLIES 0) IN OREGON
(By Population)
SOURCES
SUPPLIES
NUMBER
OF
SUPPLIES
POPULATION
SERVED
PERCENT
POP.
SERVED
POP. SERVED
FILTRATION
DISINFECTION
PERCENT POP.
SERVED FILT.
- DISINFECT.
POP. SERVED
DISINFECTION
ONLY
PERCENT POP.
SERVED
DISINFECTION
POP. SERVED
UNTREATED
PERCENT POP.
SERVED UN-
TREATED
TOTAL
PERCENT
SURFACE(2)
336
1,427,100
78
585,400
41
817,670
57
24,040
2
100
GROUND
356
279,000
15
3,500
1
146,860
53
128,;"0
46
100
MIXED{3)
35
127,000
7
38,060
30
87,000
69
1 ,'.00
1
100
100 M
TOTALS
727
1,833,100
100
626,960
34 1
,051,530
58
3 54,580
8
(1) Supplies with fifteen or more services or 25 or more individual users: does not include 34 systems with 14 or less services and
24 or less individuals serving a total of 520 individuals nor nobile home parks serving 25 or more individuals.
(2) Includes infiltration galleries and springs.
(3) Includes ground water' and surface (2) water sources.
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TABLE 2
SUMMARY - COMMUNITY WATER SUPPLIES (1} IN OREGON
(By Systems)
SOURCES
OF
SUPPLIES
NUMBER
OF
SUPPLIES
PERCENT
OF
SUPPLIES
SUPPLIES
FILTERED-
DISINFECTED
PERCENT
FILTERED-
DISINFECTED
SUPPLIES
DISINFECTED
ONLY
PERCENT
DISINFECTED
ONLY
SUPPLIES
UNTREATED
PERCENT
UNTREATED
TOTAL
PERCE!
SURFACE(2)
336
46
73
22
212
63
51
15
100
GROUND
356
49
2
1
64
18
290
81
TOO
MIXED(3)
35
5
7
20
21
60
7
20
100
TOTALS
727
100
82
11
297
41
348
48
TOO
(1} Supplies with fifteen or more services or 25 or more individual users: does not include 34 systems
with 14 or less services and 24 or less individuals serving a total of 520 individuals nor mobile
home parks serving 25 or more individuals.
(2) Includes infiltration galleries and springs.
(3) Includes ground water and surface (2) water sources.
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64
COMMUNITY WATER SUPPLY SYSTEM
SURVEILLANCE
Sanitary Surveys and Technical Assistance
Examination of the files of 55 of the 727 community water
supply systems in Oregon reveal that sanitary surveys and/or inspec-
tions of these supplies occur about once every five years. Eight of
the 55 supplies serve interstate carriers and each of these is
surveyed or inspected annually.
Defects or deficiencies in the 55 systems (see Appendix A) occur
as follows:
1. Twenty of the systems have deficiencies connected with the
sources,
2. Twenty-six have deficiencies or defects connected with
storage,
3. Seven have deficiencies in distribution, and,
4. Thirty-one have deficiencies in treatment.
Of the 55 supplies in the sample, 36 have operators that have
been certified by the State as qualified.
Twelve of the 55 supplies add fluorides as a public health
measure, for the prevention of tooth decay.
Thirty-seven of the 55 supplies have bacteriological records
which indicated conformance with State standards.
In certain areas of the State there are problems with the
chemical quality of water available for community water supplies.
The State and communities, however, are aware of these problems and
have been able to modify their sources or provide treatment which
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65
provides water of satisfactory chemical qua7ity. (See Appendix 0)
Of the 55 water supplies in the sample, 32 use surface water
sources, eleven use mixed ground and surface water, and 12 use ground
water exclusively. The 43 systems using surface and mixed water
supply sources submit samples for chemical analysis an average of
once every six years. The 12 systems using ground water sources
exclusively submit samples for chemical analysis once every ten
years. The eight interstate carrier water supplies, only one of
which has a ground water source, submitted samples for chemical
analysis an average of once every four years.
Chemical Surveillance
Chemical analyses of samples from community water supply
systems in Oregon are made by the State Department of Environmental
Quality. DEQ Laboratories have the capability of making analysis
for the following parameters:
Color Chlorides
Turbidity Sodium
Total Solids Potassium
Volatile Solids Fluoride
Carbon Dioxide Phosphate (Soluble Ortho)
pH Sulphates
Total Alkalinity (as Calcium Carbonate) Silicon
Hardness (as Calcium Carbonate) Aluminum
Calcium Ammonia
Magnesium Nitrate
Total Iron Nitrite
Manganese
Arsenic Pesticides
Conductance
Present reimbursement for chemical analyses done by ODEQ is
about $21,000 per year or one man-year plus equipment. There are
"plans" to increase this three fold in 1976.
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66
The State Department of Agriculture does pesticides analyses.
The Health Division does radionuclide determinations.
As a general rule chemical analyses of drinking water samples
do not include determination of metals. Arsenic determinations are
made frequently. With the exception of analyses of samples from
Interstate Carrier Water Supplies, other heavy metals are not
run routinely.
Bacteriological Surveillance
Although 67 percent of the 55 systems in the sample had satis-
factory bacteriological records during 1974, only 27 percent of the
727 community water supply systems in the state had satisfactory
bacteriological records for that year. During the past five years,
compliance by the 727 systems with State bacteriological standards
were: 1970, 56 percent; 1971, 53 percent; 1972, 40 percent; 1973,
26 percent; and 1974, 27 percent. During this five-year period the
number of community water supplies has increased from 495 to 727, or
at an average rate of about 45 systems per year. The population
served by these community systems had increased from about 1.5 million
people in 1970 to over 1.8 million in 1974. This increase is
at an average rate of over 60,000 per year. While community
water supply systems have been increasing in number and in popu-
lations served, the State's water supply agency resources in dollars
and manpower have been decreasing.
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FIGURE I
WATER QUALITY AND SYSTEMS COMPLIANCE
PERCENT OF SYSTEMS IN COMPLIANCE
WATER QUALITY
BACTERIOLOGICAL (1)
FACILITIES
SOURCE (2)
TREATMENT (2)
STORAGE (2)
DISTRIBUTION (2)
FLUORIDATION (3)
CHEMICAL SURVEILLANCE (4)
SANITARY SURVEYS (5)
QUALIFIED OPERATORS (2)
(1) Data from 1974.
(2) Data from a 55 system sample (out of 727 total systems not including mobile hone parks).
(3) Oata from 727 community water supply systems.
(4) Chemical sample within last 3 years.
(5) Sanitary survey or inspection within last year.
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68
STATE WATER SUPPLY PROGRAM MANPOWER NEEDS
It is estimated that at the present time personnel providing
surveillance for public water supplies in Oregon total 26. This
personnel is distributed as follows: Eleven are working on sanitary
surveys and rendering technical assistance. An equivalent of 7 are
working on chemical surveillance, and 4 on bacteriological surveil-
lance. It is estimated that four are on the administrative staff.
This makes a total of 26 with an annual budget estimated at $0.5
mil 1 ion.
Manpower needs are estimated as follows: 24 for sanitary
surveys and technical assistance, 27 for chemical surveillance,
6 for bacteriological surveillance, 2 for training and 21 for
administration. This makes a total manpower need of 80 professional,
sub-professional, and clerical personnel. At an average of $20,000
per person per year, this amounts to an estimated budget of $1.6
million.
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TABLE 3
COMMUNITY WATER SYSTEMS (1) IN OREGON
IN COMPLIANCE WITH BACTERIOLOGICAL STANDARDS
YEAR
1970
1971
1972
1973
1974
280
269
225
181
195
SYSTEMS
56%
53%
40%
26%
27%
1,359,774
1,396,045
1,359,315
1,377,346
1,502,302
POPULATION
90%
88%
85%
84%
82%
(1) Mobile home parks are not included.
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70
It is estimated that State Division of Health personnel pre-
sently working on these other public water supplies are six (6) in
Sanitary Surveys and Technical Assistance, two (2) in Chemical
Surveillance, and two (2) in Bacteriological Surveillance. Admin-
istrators working on public water supplies, both community and
other, number 4. This makes a total of 10 incumbent personnel
plus administrators.
It has been estimated that a staff of approximately 42 quali-
fied personnel will be required for proper surveillance of the
state's other public water supplies at an annual budget of
approximately $840,000. Approximately eleven would be required for
sanitary surveys, inspections, and technical assistance. Approxi-
mately seventeen would be required for chemical surveillance and
four for bacteriological surveillance. The proportion of personnel
required for chemical surveillance is high because so many of the
supplies have surface water sources. This need can be reduced if
analyses are done by purveyors and analyses of samples from "other"
water supplies are reduced to fewer parameters.
In many parts of the region the percentage of surface water
supply sources runs on the order of twenty percent while in Oregon
it is estimated at thirty percent for other public water supplies
(forty-six percent for community supplies). This high percentage
of surface water supply sources results in higher chemical surveil-
lance costs.
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TABLE 4
ESTIMATED MANPOWER NEEDS FOR SUPERVISION PROGRAM AND PRIMARY ENFORCEMENT RESPONSIBILITY
FOR COMMUNITY AND OTHER PUBLIC WATER SUPPLY SYSTEMS IN OREGON
Man-Days Per Year
Program Activities
Surveillance
Sanitary Surveys, Tech. Asst.
Chemical Surveillance
Bacteriological Surveillance
Laboratory Certification
Sub-total
Training
Sub-total
Program Administration
Total Man-Days
Man-Years
Dollars/Yr. @ 20,000
Community
Water Supplies
(727)
2910
2246
487
29
5672
553
6225
2179
8404
38
760,000
Other Public
Water Supplies
(2431)
2430
3646
802
6878
6878
2407
9285
42
840,000
Both
Community & Pub!
(3158)
5340
5891
1289
29
12550
553
13103
4586
17689
80
1,600,000
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TABLE 5
STAFFING FOR OREGON'S PUBLIC WATER SYSTEM
SUPERVISION PROGRAM
Program Activities
Surveillance
Sanitary Surveys, Tech. Assistance
Chemical Surveillance
Bacteriological Surveillance
Training
Program Administration
Total Man-Years
Dollars/Yr. @ 20,000
Community
Water Supplies
(727)
present staff
staff needed
Other Public
Water Supplies
(2431)
present staff
staff needed
Both
Community & Other
(3158)
present staff
staff needed
5
5
2
13
10
2
6
2
2
11
17
4
11
7
4
24
27 ^
' PO
3
2 10
14 38
760,000
2 10
12 42
840,000
3
4 20
26 80
1,600,000
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73
CERTIFICATION OF WATER SYSTEM OPERATORS
Oregon has had a voluntary waterworks operator's certification
program for the past 20 years. (See "Combined Report for the 18th
and 19th Year of the Oregon Waterworks Operators' Certification
Program"). During this time, the State health agency has fully
supported the concept that persons who are responsible for providing
the public with safe drinking water must be qualified to do so.
Oregon statutes and regulations recognize the importance of adequate
qualification for system operators. A bill for mandatory certification
has been introduced in the Oregon Legislature at each Session since
1961. Unfortunately none has been enacted and certification cannot
be made mandatory by regulation.
Attention has already been called to the fact that the number of
systems and the population served by new systems have been increasing
over the past years. As a result of the State's tabulation of
bacteriological sampling records for 1974, it can be seen that water
systems operated by certified personnel have achieved a far superior
bacteriological sampling record in Oregon than those operated by
non-qualified personnel.
It is also revealed that a much larger portion of the total
population is served by systems with qualified operators than is
the case with systems without such operators. There are only
seven water supply systems in Oregon serving 5,000 persons or more
which are not operated by certified personnel. On the other hand,
only 26 of some 650 water systems serving less than 5000 persons
employ certified operators at the present time.
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74
Under the existing voluntary program, examinations to determine
qualifications are held twice a year.
Mandatory certification of water system operators will call
for increased training. Oregon State University at Corvallis
offers an annual three-day short school for water works operators.
Attendance at this school is about 200 per year. Some of these
are new operators and others are experienced personnel studying for
promotion or a higher grade of qualification certification.
Three Oregon Community Colleges, (Clackamus, Linn-Benton, and
Umpqua) offer 12 once per week evening courses (a total of 12 weeks)
for operators. They turn out a total of 30 trained operators per
year.
In-service evening courses are presented by Water Department
officials at larger water treatment facilities. These are usually
one night per week, three hours per night and cover a total of 12
weeks. Such in-service training is offered at Bend and The Dalles.
This type of training is given to about 20 per year.
A mobile laboratory is operated by Linn-Benton Community College.
Eight hour training sessions are offered by this Community College
through the use of their mobile laboratory on a schedule of once per
month at Coos Bay, Tillamook, and Lincoln City. The training mobile
laboratory unit operates twice per month at Medford and Redmond.
One-subject seminars and workshops are arranged jointly by the
Health Division and AWWA. Such one-subject sessions have been held
for a:
Five-day course for backflow device testing,
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75
Two-day course on chlorination, and
Two-day course on fluoridation.
OTHER PUBLIC WATER SUPPLIES IN OREGON
The Oregon Division of Health's Public Water Supply Master
File indicates that there are about 2400 public supplies in the
State serving mobile home parks and such facilities as state parks,
schools, outlying restaurants and other establishments. Of these,
approximately 700 are supplies with surface water sources. Springs
and infiltration systems are classed as surface water sources.
The master file records systems with fifteen or more services
and twenty-five or more individuals at establishments indicated
above. Besides the names of the establishments and an indication
of whether or not the source is ground or surface water, the master
file record cards contain very little additional information.
The agency maintains a file of records of bacteriological
analyses made on samples submitted by the establishments. These
file records indicate in addition to the name of the establishment,
the type of source, whether or not treatment is provided, and
results of the bacteriological analyses, that is, whether the
sample conforms with requirements of state standards or does
not.
At least part of the information on the bacterial analysis
card is introduced into the Division's automatic data processing
system. The printout from this system identifies the facility
and indicates the facility type, as well as the results of the
bacteriological analysis and whether or not the results are in
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76
conformance with requirements of the state standards. The printout
does not indicate whether or not the water supply system has treatment,
whether it is from a surface or ground water source, or whether the
system is free of sanitary defects.
Data cards which are later punched and used in connection
with the automatic data processing system are filed by counties
and dates on which bacteriological samples were taken.
It is difficult if not impossible to make a statistical
analysis of these public water supply records from which conclusions
can be drawn as to the physical features, public health hazards,
structural defects, or compliance of these supplies with state
standards. There is also an absence of information on chemical
quality of these water supplies.
Recognizing the need for data of this nature, a revision of
the automatic data processing system is underway. A deck of header
cards is being prepared which will serve as an inventory of other
public water supply systems and will indicate the name and type
of each facility, the EPA inventory number, source type, type
of treatment used, bacteriological sampling frequency, the dates
of the most recent chemical analysis and sanitary survey and the
latitude and longitude of the source. These header cards will
also be used to print all of this information as the initial
system entry on the quarterly and annual bacteriological,
chemical and sanitary survey readouts. The inclusion of the EPA
inventory number on the header card and the inclusion of the state
inventory number on the EPA inventory card will allow automatic
data flow between the state and Federal agencies.
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77
STATE DRINKING WATER SUPPLY SUPERVISION PROGRAM
The Office of Protective Health Services in the Oregon State
Health Division, Department of Human Resources, is responsible for
assuring that all community and other public water supply systems
are constructed and operated in a manner that will provide safe,
adequate and potable drinking water.
Within the Office of Protective Health Services, Public Health
Engineering is responsible for community water supply systems and
Community Sanitation is responsible for all other public water
supply systems, Individual water supply systems and small systems
serving less than four single family residences are not subject to
the rules and regulations issued by the Oregon State Health
Division.
The Office of Protective Health Services is served by two
advisory committees in matters pertaining to public water supply
systems. These are: The Waterworks Operators' Certification Com-
mittee and the Sanitary Engineering Advisory Committee.
Public Health Engineering
To assure the safety of community drinking water supply systems
in Oregon, the Public Health Engineering office which has seven (7)
Professional Engineers, and one (1) Engineer in Training, reviews
and approves the plans for constructing new public water supply
systems and for improving existing systems; makes periodic sanitary
surveys and inspections of systems; monitors the bacteriological
and chemical quality of the water supplies; promotes cross-connection
control; conducts training courses for waterworks operators; certi-
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78
fies backflow device testers; and provides technical assistance to
water system operators.
Sanitary surveys and inspections are carried out by five (5)
engineers, mainly for the purpose of identifying and recommending
corrections of sanitary defects and health hazards including oper-
ational deficiencies.
Community Sanitation
Administration of State office responsibilities in connection
with other public water supply systems rests with the Community
Sanitation office. There is a severe shortage of qualified per-
sonnel within the office to maintain adequate supervision or sur-
veillance over the 2,400 other public water supply systems in the
State. Consequently the only information in the State office
about these supplies is a file of system names and locations,
sources of supplies, and whether or not treatment is provided.
There are few records of sanitary surveys or inspections,
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79
EVALUATION CRITERIA
Community Water Supply Systems
Bacteriological surveillance is considered satisfactory in regard
to numbers of samples collected if the number of bacteriological
samples examined per month during the preceding "12-month period
meets the minimum number specified by the Drinking Water Regulations.
In order to meet the bacteriological quality standard, the number
of positive samples is also a limiting factor.
Chemical surveillance is considered satisfactory if chemical
constituents (as distinguished from normal in-plant operational
checks) were determined according to the following schedule and
there was no record of significant problems:
Surface water sources - at least once per year
Ground water sources - at least once every three years
Engineering surveillance is considered satisfactory if a
sanitary survey by the state agency has been made at any time
during the 12-month period preceding the survey. More frequent
inspections, however, are considered necessary for optimum surveil-
lance.
Other Public Water Supplies
It would be desirable for the state agency to provide direct
surveillance for small public water supplies. As a practical
matter, however, due to limited personnel resources, the relatively
large number of the supplies and the wide geographical distribution
of systems it may be necessary to delegate much of this responsibility
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80
to local authorities. It is, however, the responsibility of the
state agency to assure adequate regulation of small public supplies
by the establishment of rules and regulations and provision of
adequate and close liaison with local and county health departments
to insure proper reporting and maintenance of data. The state
agency should make technical and laboratory assistance available
upon request. These services are particularly important since it
will make available engineering skills related to public water
supply facilities.
Bacteriological, chemical and engineering surveillance require-
ments are similar to those for community water supplies.
Data Collection
The important consideration and the basic objective of a
water supply system survey is to collect sufficient information
to determine conclusively the capability of a water system to
continuously provide water that meets the drinking water regulations
and to determine that the sanitary features of the system include
no sanitary defects or permit no public health hazards. If defi-
ciencies are found during the survey they should be identified
and corrected as soon as possible. In all evaluations it must
be remembered that there are three parts of the drinking water
regulations that must be met: the physical features of the system,
the bacteriological quality, and the chemical quality. Evaluation
of physical features includes consideration of operation and main-
tenance as well as facilities, quality control and reliability.
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CONCLUSIONS AND RECOMMENDATIONS
The Public Water Supply Program of the Oregon Department of
Human Resources is not adequately staffed and budgeted to provide
supervision, surveillance and technical assistance nor to assume
primary enforcement responsibility required for water supply systems
serving the public. Following are minimum requirements necessary
to permit assumption of primary responsibility for supervision and
enforcement of water supply programs. (Also see Regulations on
(1) Grants for State Public Water System Supervision and (2) National
Interim Primary Drinking Water Regulations Implementation).
1. Legislation. Oregon has relatively inadequate statutory
authority over drinking water supplies. Certain amendments will be
necessary before the State can qualify to assume primary responsi-
bility for enforcement under section 1413 of the Safe Drinking
Water Act.
Jurisdiction over drinking water in Oregon is primarily
vested in the Health Division of the Department of Human Resources.
The Division has express jurisdiction only over domestic water
supply sources, and community and public water supply systems (see
State definition page 10) under ORS 448.215. The Division does
not have sufficient jurisdiction over municipal or public utility
water supply systems under ORS 448.210, and 448.245. This is a
serious deficiency since the majority of the population is served
by either municipal or public utility water supply systems. ORS
448.210, 448.215, and 448.245 will have to be amended to confer
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82
upon the Health Division jurisdiction over municipal and public
utility water supply systems before Oregon can qualify to assume
primary responsibility for enforcement of the Safe Drinking Water
Act.
Section 16, Chapter 254, Oregon laws of 1975 requires review
and approval of plans for domestic water supply sources. The
Division, however, lacks authority under ORS 448.225 to require
municipal and public utility water supply systems to submit tenta-
tive plans for the construction of water supply facilities. ORS
448.225 must be amended to provide for the review and approval of
the design and construction of municipal, public utility, community
and public water supply systems in order to assure that such facilities
are capable of compliance with applicable drinking water regulations.
The Health Division has authority to inspect water supply
systems to determine whether they comply with applicable regulations
(ORS 448.240). In addition, the Health Division may require the
operator of a water supply system to collect and submit water samples
for bacteriological analysis at a laboratory approved by the Division
(ORS 448.230). The Division thus has inherent authority to certify
laboratories with respect to bacteriological analysis. It will be
necessary for the State to amend ORS 448.230 to give the Health
Division authority to require the collection and submission of
samples for chemical and physical analysis and certification of
laboratories which perform these analyses.
Although ORS 448.220(1} makes it unlawful for any person or gov-
ernmental unit to violate the rules of the Division, ORS 448.220(2)
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83
exempts certain water supply systems from compliance with rules
adopted under ORS 448.245. The provision creates a serious
deficiency in Oregon's legislation since it will exempt certain
community and public water supply systems from compliance with the
primary drinking water regulations adopted pursuant to ORS 448.245(1).
A legislative amendment eliminating this exemption or modifying
it to require all public water supply systems to comply with
operation, maintenance and water quality regulations will be
necessary before Oregon can assume primary enforcement of the
Safe Drinking Water Act.
It will also be necessary to amend 448.245 to authorize the
Division to set forth requirements for design, construction, main-
tenance and operation of all public water supply systems.
EPA strongly urges Oregon to strengthen the penalty provisions
of its legislation. The present legislation provides for civil
penalties not to exceed $500 per day for violation of any rule or
regulation adopted by the Division (ORS 448.280). Such a limited
penalty provision may not be adequate to assure compliance with
Interim Primary Drinking Water Regulations.
It appears that civil penalties of 25 to 500 dollars per day
may be assessed against individuals, corporations, associations,
firms, partnerships or stock companies and not against publicly
owned water utilities.
Violation of ORS 448.205, 448.220, 448.225, 448.230, 448.235,
or 448.325 is a Class A misdemeanor.
Violation of ORS 448.265 is a Class B misdemeanor.
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34
It is not clear from Section 448.990 whether the violations
which are misdemeanors would result in imposition of one time pen-
alties or whether penalties would be assessed daily until the
violation is corrected.
Another possible deficiency in Oregon's legislation exists
with respect to the Division's authority to adopt and implement a
plan for provision of safe drinking water during emergency conditions.
The Division does not have express authority to adopt such a plan,
although ORS 448.270 does authorize the Division to adopt rules which
it considers necessary. The Division may, therefore, have inherent
authority to adopt and implement a plan as required by the Safe
Drinking Water Act. It must be noted, however, that the definition
of the term "emergency" in ORS 448.205(8) is less extensive than that
contemplated in the Safe Drinking Water Act. In order to assume
primary enforcement responsibility under the Safe Drinking Water Act,
Oregon must have authority to adopt and implement a plan for the pro-
vision of safe drinking water whenever an emergency threatens to cause
a public health hazard. A legal opinion by the State Attorney General
indicating that the Division has such authority will be sufficient.
An unusual characteristic of the amended water supply legislation
is the requirement that the state agency assume some responsibilities
which normally rest with the water supply owner or operator. An
example of such an instance might be a requirement that the State
determine and recommend a solution to a water supply problem for
which the purveyor has not proposed an answer satisfactory to the
agency.
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With the exception of amendments covering the deficiences
discussed above, Oregon's present legislative authority is adequate
to assume primary responsibility for enforcement of the Safe Drinking
Water Act.
The definition of "Public Health Hazard" as it appears in ORS
448.205(12) is too restrictive and does not permit flexibility and
development of regulations covering such matters as faulty water system
structures, practices, operation and maintenance. Consideration
should be given to amending this definition to include these important
aspects of health hazards.
Recommendations. Consideration should be given to enactment
of legislation which will:
A. Give the Oregon Health Division jurisdiction over
municipal and public utility water systems,
B. Amend Section 448.210 (purpose) to provide that in the
further interest of public health, water purveyors shall be responsible
for taking all reasonable precautions to protect the purity and
healthfulness of water delivered to their customers for drinking
and household purposes. The Health Division shall be responsible
for undertaking sanitary surveys, follow-up investigations and
inspections; for preparing reports, giving technical guidance,
assistance and recommendations; for issuing directives requiring
the elimination of sanitary defects and health hazards; for imple-
menting enforcement action; for monitoring the purveyor's bacterio-
logical and chemical sampling program and maintaining surveillance
of water quality; for collecting and examining check samples and
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86
interpreting the results of laboratory examinations; for reviewing
plans for new facilities and changes in existing facilities; for
promoting programs to abate cross-connections; for developing rules,
standards and guidelines; for compiling data on water system operations
and maintaining a current inventory of water systems; for training
and certifying operators; for participating in health education of
the public; for cooperating with other groups having water-supply-
related functions; and for performing other activities as may be
required to assure that the water purveyor properly exercises his
responsibilities.
C. Amend ORS 448.225 to provide for the review of the
design and construction of municipal and public utility water supply
systems in order to assure that such facilities are capable of
compliance with applicable drinking water regulations.
D. Amend 448.230 to give the Health Division authority
to require the collection and submission of samples for chemical
and physical analyses and certification of chemical laboratories.
E. Amend ORS 448.220(2) to remove the exemption of
certain water supply systems from compliance with rules adopted
under ORS 448.245. This deficiency in Oregon legislation would
permit exemption of certain community and public water supply
systems from compliance with the primary drinking water standards
adopted pursuant to ORS 448.245(1).
F. Provide for civil penalties adequate to assure
compliance with National Interim Primary Drinking Water Regulations.
The penalty provisions may need to be revised so as to be adequate
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for enforcement of the provisions of the Safe Drinking Water Act
which authorizes civil penalties up to $5,000 per day. (All
water purveyors in Oregon are not "persons" as defined in Sec.
448.205(16)).
G. Provide authority to adopt and implement a plan for
provision of safe drinking water during emergency conditions. The
definition of the term "emergency" ORS 448.205(a) is less extensive
than that contemplated in the Safe Drinking Water Act. A legal
opinion by the State Attorney General indicating that the Division
has such authority will be sufficient.
2. Regulations. Oregon state statutes pertaining to drinking
water supplies serving the public, specifically Chapter 448 ORS,
underwent extensive amendment during the 1975 session of the
Oregon State Legislature. The new statute requires promulgation
of new regulations relating to production and delivery of water
for domestic use. The State is presently in the process of
adopting new regulations. As noted previously, the new state
statutes are considered inadequate and, therefore, portions of the
new regulations may also be inadequate.
Recommendation. Administrators in the Oregon Health Division
are commended for initiating the development of a new set of
regulations. In this process careful attention should be given to
development of regulations which will be adequate and consistent
with the Federal statute and regulations under the Safe Drinking
Water Act of 1974, Public Law 93-523. However, if the State
Department of Human Resources is to assume primary supervision and
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enforcement for Public Water Supplies within the State, the existing
statutes must be strengthened to give the Health Division authority
consistent with the Safe Drinking Water Act. This in turn will require
corresponding changes in the regulations.
3. Engineering surveillance. Surveillance is considered
satisfactory if an inspection or sanitary survey of a public water
supply system has been made annually. With the limited staff of 11
professional engineers and sanitarians it has been impossible for
the agency to provide necessary technical assistance and surveillance
in this regard. Except for interstate carrier water supplies,
these surveys and/or inspections have been made about once every
four years.
Recommendation. A staff of 24 professional engineers is
required in the agency headquarters office and in districts or
regions to provide annual sanitary survey and inspection services
and technical assistance needed to bring public water supplies up
to standards.
4. Chemical surveillance. A significant amount of work
has been done on chemical surveillance of community water supplies.
This surveillance at the present time, however, is not adequate.
It is estimated that one complete chemical analysis per year should
be made for surface water supplies and one chemical analysis every
three years for ground water supplies. With a large portion of
surface (336) and mixed surface and ground (35) water supplies out
of a total of 727 community supplies, chemical surveillance is a
major responsibility. It is estimated that an equivalent of 10 man
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89
years of effort should be expended currently on this aspect of the
program.
Very little surveillance has been carried out in the State on
local water supply programs for other public water supplies. There
are presently 2430 other public systems in Oregon. It is estimated
that an additional 17 man years of effort may be necessary unless
purveyors assume much of this responsibility.
Recommendation. It is recommended that water supply purveyors
be informed of their responsibility in seeing that water quality
standards are met and that a major part of the burden for chemical
surveillance should be borne by the water suppliers and not entirely
by the state agency. It is further recommended that the State budget
be increased for the State to carry out quality control chemical
surveillance.
The chemical surveillance program should be expanded and
modified to:
(1) Insure that at least one complete chemical analysis
on each surface water supply annually and on each groundwater
supply triannually is performed by the purveyor.
(2) Provide facilities for collection and analyses of
check samples.
(3) The practice of the State performing chemical
analyses for operational control should be discontinued since this
is the responsibility of the water supply operator.
5. Bacteriological surveillance. The state agency has given
considerable attention over the years to bacteriological quality of
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community water supplies. However, the degree of conformance with
bacteriological quality standards established by the state has been
decreasing over the past five years. For example: In 1970, 56
percent of the community water supplies met bacteriological water
quality standards. In 1971, their percentage was 53 percent; in 1972
40 percent; in 1973 26 percent; and in 1974 27 percent. During the
past five years the number of community water supplies has increased
from 496 to 727, or at an average rate of about 45 systems per year.
The population served by these communities systems had increased from
about 1.5 million people in 1970 to over 1.8 million in 1974. This
increase is at an average rate of over 60,000 per year. While commu-
nity water supply systems have been increasing in number and in
population served, the state's water supply agency's resources in
dollars and manpower have been decreasing. Most of the new water
supply systems in the state during the past five years have been
small systems and since most of them are not operated by qualified
(certified) operators, they may account to a significant degree for
the decrease in conformance with bacteriological quality standards
as noted above. Surveillance of bacteriological quality on the part
of water supply purveyors is, with a few significant exceptions,
inadequate. State bacteriological laboratory services are adequate
in capacity for state quality control of community water supplies in
Oregon. State and other laboratories available for bacteriological
surveillance are not strategically located to serve all areas of the
state. For example, with the exception of one in Bend, there are
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no laboratories in eastern Oregon. In this connection it may be
possible to encourage existing labs in eastern Oregon to become
certified for bacteriological services. Medical (clinical) labo-
ratories in eastern Oregon may also be available for this purpose.
Recommendation. It is recommended that the water purveyors
arrange for bacteriological surveillance of their water supplies
in order that they can be certain of compliance with bacteriological
standards. Certified laboratories should be strategically located
(See Appendix E showing location of laboratories in Oregon) to serve
eastern Oregon.
The State's bacteriological surveillance program should be
redirected to:
(1) Encourage and if possible require water supply
purveyors to provide their own bacteriological monitoring.
(2) A fee should be charged to cover the cost of
routine bacteriological analyses. This will require a statute
change.
(3) The water supply program should use currently
available bacteriological surveillance facilities to assure validity
and run quality checks on routine sampling by purveyors.
6. Laboratory Certification. The state bacteriological labo-
ratory is certified by the Environmental Protection Agency for MPN
determinations. The laboratory is recertified every 3 years. In
turn the state certifying officer who is certified by EPA, arranges
for certification of County Health Department and private laboratories,
water department or water company laboratories and others that furnish
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laboratory services for bacteriological surveillance of community
water supplies. Such certifications are generally scheduled for once
every 3 years. There have been occasions, however, where longer
periods have elapsed. The state certifying officer currently will
not certify a water department laboratory unless bacteriological
laboratory work is done by or under supervision of a graduate bacter-
iologist. This is not considered necessary. Training and experience
for this special type of laboratory service should be adequate to
meet qualifications for certification.
EPA will develop as soon as possible, in cooperation with the
States and other interested parties, criteria and procedures for
chemical laboratory certification. Until EPA establishes a national
quality assurances program for laboratory certification the state
will maintain an interim program of accepting analytical measurements
from laboratories operated by the state and those certified by the
state.
Recommendation. It is recommended that the state bacteriological
laboratory and certifying officer be certified for the membrane
filter technique. It is also recommended that arrangements be
made to train laboratory workers in water department laboratories
to qualify them for bacteriological surveillance. It will also
be necessary to establish a program for certification of chemical
laboratories.
7. Training. Several professionals on the State and District
Staffs are in need of specialized training for most effective work
in drinking water supply programs. There is also a need for budgetary
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provision by the State agency for training water system operators.
The State should have the authority to see that operators receive
adequate training to qualify them for their positions in operation
and maintenance of water supplies.
Recommendation. It is recommended that arrangements for training
both professional staff and water treatment plant and system operators
be upgraded and that the training program be given increased financial
support. This budget item should be in the order of $60,000 per year.
8. Program Administration. Although the state's public water
supply program is currently staffed by well qualified professional
engineers (P.E.'s) and sanitarians, the number of professional staff
is seriously inadequate. This shortage of a professional staff exists
at both the state and local levels.
There is practically no provision in the state or local water
supply programs for sanitary surveys or technical assistance for
non-community public water supplies. It is estimated that there
are about 2,400 of these supplies in the state of which about 700
are surface water supplies and the remaining 1,700 are groundwater
supplies. It is also estimated that less than half of the surface
water supplies (other than community supplies) received even disin-
fection treatment.
Recommendation. It is recommended that one state staff orga-
nizational unit be responsible for all public water supply activities,
including community and non-community supplies. This unit should be
headed by a qualified sanitary or public health engineer with expe-
rience in administrative and technical aspects of water supply
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functions. He should be responsible for program administration,
planning and operation for all water supplies serving the public.
Water supply policy matters should be handled out of this office.
Professional engineers (P.E.'s), engineers in training (E.I.T.'s),
sanitarians, scientists, biologists, and chemists are needed to
develop a staff of complimentary disciplines essential to successful
program implementation.
9. Manpower Needs. Approximately a three-fold increase in
staff and working budget will be ultimately required for the state
to assume supervision of all public water supplies and an adequate
enforcement program for standards and regulations pertaining to
them.
It is estimated that at the present time a total of 26 employees
are working full time on the state and local water supply programs
(14 on community water supplies and 12 on other water supplies).
When surveillance and enforcement programs are fully staffed it
is estimated that a total of 80 professional and support staff will
be needed (33 for community water supplies and 42 for other public
supplies). This will call for a total budget estimated at $1.6 million
($.76 million for community supplies and $.84 million for other supplies).
Following is a breakdown of manpower requirements for the 6
functions for which the state water supply agency is responsible.
A. Sanitary surveys and technical assistants. There
are currently 11 employees in this function (5 for community water
supplies and 6 for others). A total of 24 will ultimately be needed.
(13 for community water supplies and 11 for other water supplies.)
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B. Chemical surveillance. An equivalent of 7 personnel
presently provide this service. (5 for community supplies and 2 for
others.) It is estimated that an equivalent of 27 will be required
(10 for community and 17 for others) unless purveyors arrange for
chemical analyses and the state is responsible only for quality
control.
C. Bacteriological surveillance. It is estimated that
4 full time employees presently provide this service (2 for community
and 2 for other water supplies). Ultimately a staff of 6 will be
required for bacteriological surveillance for quality control only
(2 for community and 4 for other water supplies).
D. Training. Minimal effort is expended at the present
time on training. It is estimated that for adequate training effort
for state and local water supply personnel and/or water system
operators a staff of 3 will be required for this function. This
will require a budget estimated at $60,000/year.
E. Program administration. Four full time employees are
currently administering the state drinking water supply program.
(2 for community and 2 for others.) If state and local water supply
staffs are to receive adequate supervision, and if public water system
supervision programs are to be adequately handled, administrative
personnel must be used not only at the state level but also in
local and district units. Adequate staffing for this function is
estimated at 20 supervisory or administrative personnel. (10
supervisor for community supplies and 10 supervisors for other
water supply systems).
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The state's public water supply supervision program should
be upgraded to be commensurate with the importance of the program
to the health and well being of Oregon residents and visitors.
11. Fluoridation. The State agency should encourage the
fluoridation of fluoride deficient water supplies serving the
public. Concurrently with installation of this important public
health measure the State should require that such systems and
treatment facilities be supervised by qualified operators.
12. Agency policies and guidelines should be established
by formal action and distributed in document form to public water
supply purveyors and agency staff as well as to local agencies with
relevant responsibilities.
13. Supervision of all water supplies serving the public
should be increased to provide at least the minimum supervision
levels established in the State's drinking water regulations and in
EPA1s Manual for Evaluation of Public Water Supplies. This super-
vision should include:
A. Development and continuous updating of a comprehensive
inventory of water supplies serving the public,
B. Annual surveys or inspections of each system with
followup technical assistance as required,
C. Assurance of adequate bacteriological sampling with
required quality control checks for all supplies,
D. A routine complete chemical sampling program for
each supply,
E. A program for local cross-connection control and
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prevention of backflow conditions,
F. Increase supervision of fluoridated supplies to
assure adequacy of these operations,
G. Establish a program to assure that bottled water
quality and water bottling practices comply with established
standards for food packaging as well as water quality, and
H. Training and certification of operators.
14. Automatic data processing should be more fully utilized
for storage and retrieval of such information as from bacteriological
and chemical quality, engineering reports, systems operation, and
inventory data as well as management information.
15. Memoranda of agreement should be developed with local
health departments and agencies for supervision of and technical
assistance to specific categories of public water supplies including
recreational water supply systems and others serving the public.
16. Bottled water. The Oregon Division of Health and the
State Department of Agriculture should review arrangements under
which controls over bottled water are presently exercised.
Uniform regulations should be developed and applied to all
water bottling plants and products. The regulations should include
water quality standards and quality control procedures.
Water bottling plants should be subject to regular surveillance
to assure compliance with regulations. Sanitation of the plant
water supply source, the plant itself, facilities, and bottle con-
tainers should be maintained. Effective disinfection practices
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98
should be carried out.
The quality of all bottled water should meet chemical and
bacteriological regulations established by EPA and/or the Federal
Food and Drug Administration, whichever is applicable.
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APPENDIX A
COMMUNITY WATER SUPPLY SURVEILLANCE
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01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMMUNITY WATER SUPPLY SURVEILLANCE
INTER- OPERATOR
NAME COUNTY SOURCE OF POPULATION FLOURI- STATE CERTIFIED . .
SUPPLY SERVED DATION CARRIER QUALIFIED (*)
W. S.
Baker
Richland
Corvallis
Monroe City
Canby
Gladstone
Lake Oswego
Muli no
Oregon City
Astoria
Elderberry-
Nehalem
Seaside
Columbia City
St. Helens
Coos Bay
Coquille
Prineville
Gold Beach
Bend
Redmond
Sun River
Utilities Co.
Roseburg
Condon
Burns
Hood River
Ashland
Medford
Deschutes Valley
Water District
Baker
Baker
Benton
Benton
Clackamas
Clackamas
Clackamas
Clackamas
Clackamas
Clatsop
Clatsop
Clatsop
Cdlumbia
Columbia
Coos
Coos
Crook
Curry
Deschuteg
Deschutes
Deschutes
Douglas
Gilliam
Harney
Hood River
Jackson
Jackson
Jefferson
Mixed
Surface
Surface
Surface
Surface
Surface
Surface
Mixed
Surface
Surface
Ground
Surface
Ground
Surface
Mixed
Surface
Ground
Surface
Mixed
Surface
Ground
Surface
Mixed
Ground
Mixed
Surface
Surface
Surface
9,500
160
40,000
450
4,300
7,000
18,170
450
10,000
12,000
150
6,000
600
6,000
30,000
5,000
4,800
1,200
17,100
5,000
300
19,000
1,000
4,500
5,500
14,000
40,000
7,000
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
(11)
(2)
(2)
(7)
(4)
(7)
(9)
(1)
(8)
(3)
(1)
(5)
(3)
(8)
(4)
(2)
(*) Number of Qualified Operators
Page 1 of 2
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COMMUNITY WATER SUPPLY SURVEILLANCE
IYSTEM
IUMBER
NAME
COUNTY
SOURCE OF
SUPPLY
POPULATION
SERVED
FLOUR!-
DATION
INTER-
STATE
CARRIER
W. S.
OPERATOR
CERTIFIED
QUALIFIED
(*)
29
Grants Pass
Josephine
Surface
13,200
YES
(5)
30
Klamath Falls
K1 amath
Ground
35,000
YES
YES
(3)
31
Lakeview City
Lake
Mixed
4,000
32
Cottage Grove
Lane
Surface
6,500
(9)
33
Eugene
Lane
Surface
90,000
YES
YES
34
Springfield
Lane
Ground
16,000
(2)
35
Newport
Lincoln
Surface
6,000
YES
YES
YES
36
Toledo
Lincoln
Surface
3,600
37
AT bany
Linn
Surface
24,000
YES
YES
(2)
38
Lebanon
Linn
Surface
8,500
YES
(1)
39
Ontario
Malheur
Ground
7,500
YES
(1)
40
Salem
Marion
Surface
90,000
YES
YES
(2)
41
Woodburn
Marion
Ground
9,300
YES
(1)
42
Heppner
Morrow
Ground
1,700
43
Parkrose W.D.
Multnomah
Ground
20,000
YES
(1)
44
Portland
Multnomah
Surface
382,000
YES
YES
(16)
45
Troutdale
Multnomah
Surface
2,365
45
Dallas
Pol R
Surface
7,000
YES
YES
(3)
47
Monmouth
Polk
Surface
4,500
YES
YES
(1)
48
Rufus
Sherman
Ground
500
49
Tillamook
Tillamook
Surface
4,500
YES
(2)
50
Milton-
Freewater
Umatilla
Surface
5,000
YES
(4)
51
Pendleton
Umatilla
Mi xed
15,100
YES
YES
(1)
52
La Grande
Union
Mixed
11,000
53
The Dalles
Wasco
Surface
12,000
YES
YES
(10)
54
Beaverton
Washington
Mixed
22,100
YES
(2)
55
Newberg
Yamhill
Mixed
8,145
YES
(2)
(*) Number of Qualified ODerators
Page 2 of 2
-------
APPENDIX B
OREGON REVISED STATUTES, CHAPTER 488 AND
SENATE BILLS 612 and 616
-------
Chapter 448
1973 REPLACEMENT PART
Swimming Facilities; Water Supplies
SWIMMING FACILITIES
448.004 Definitions (or ORS 448.006 to 448.000
448.011 Authority of Health Division
448.030 Permit required to construct swimming
(acuities
448.080 Application for permit; contents; issuance
or denial; Inspection fee
448.035 License required to operate swimming facil-
ities; fees; expiration date
448.040 Entry on premises for inspection purposes;
reports
448.0B1 Inspection of facilities; suspension or revo-
cation of permit or license; hearings on
suspension or revocation
448.060 Closing facility
448.090 Disposition of moneys
448.100 Contract with county to administer ORS
448.005 to 448.060
WATfcR SUPPLY SYSTEMS
(Generally)
448.205 Definitions for ORS 448.205 to 448.S25
448.210 Purpose
(Administration)
448.21ft Division jurisdiction over domestic water
supply source &
448.22-0 Compliance with rules required
448.225 Flan approval required beten construction
of supply system; plan content; resub-
mission If construction delayed
448.230 Samples of water to be submitted for lab-
oratory analysts*, reports; exception
448.285 Inspection of watersheds
448.240 Inspection of systems
448.245 Standards lor water, water systems, and
inspection and testing thereof
448.250 Remedy when water supply a health hazard
448.255 Notice of alleged violation; order; hearing;
appeal
448.260 Order where supply inadequate; appeal
448.265 Prohibited actions; nuisance abatement
448.270 Rules of division
448.275 Contract with counties
(Civil Penalties)
448.280 Civil penalties; notice
448.285 Penalty schedule; factors to be considered
in Imposing penalty
448.290 When penalty due; notice; hearing; order
as judgment
(City Authority)
448.295 Jurisdiction of cities over property used for
system or sources
448.800 City ordinance authority to enforce ORS
448.295
448.305 Special ordinance authority of certain cities
44S.310 Investigation of complaints
448J IB Special police to enforce ORS 448.215
443.320 Jurisdiction oVBr violations of city ordi-
nances.
448.325 Injunction to enforce city ordinances
PENALTIES
448.990 Penalties
CROSS REFERENCES
Administrative procedures and rules of state
agencies, Ch. 183
Deaths or Injuries to be reported, Ch. 146
Discrimination on account of race, religion, color or
national origin, in public places, 30.670
Ufesavlng services on ocean shore, grants for cities
and counties, 390.270 to 390.290
Swimming pools, joint construction and operation by
local governments, Ch. 190
448.245
Health hazard annexations or district formation; fa-
cilities, services, boundaries, 222.850 to 222.G15,
431.705 to 431.760
488.905
Health hazard annexation or district formation, fa-
cilities and services, boundaries, 431.705 to 431.760
448.315
Police standards and training, 181.610 to 181.690.
1043
-------
§448.005
PUBLIC HEALTH, SAFETY AND MORALS
SWIMMING FACILITIES
448.005 Definitions for ORS 448.005 to
448.090. As used in ORS 448.005 to 448.090,
unless the context requires otherwise:
(1) "Bathhouse" means a structure
which contains dressing rooms, showers and
toilet facilities for use with an adjacent pub-
lic swimming pool.
(2) "Division" means the Health Divi-
sion of the Department of Human Resources.
(3) "Administrator" means the Admin-
istrator of the Health Division.
(4) "Person" includes, in addition to the
definition in ORS 174.100, municipalities,
recreation districts, counties and state agen-
cies or instrumentalities.
(5) "Public swimming pool" means an
artificial structure, and its appurtenances,
which contains water more than two feet
deep which is used, or intended to be used,
for swimming or recreational bathing and
which is for the use of any segment of the
public. A "public swimming pool" includes,
but is not limited to, swimming pools owned or
operated by (a) travelers' accommodations,
(b) tourist parks, (c) colleges, (d) schools,
(e) camps, (f) clubs, (g) associations, (h)
business establishments for their patrons or
employes, (i) private persons and which are
open to the public, (j) recreation districts,
(k) municipalities, (L) counties or (m) a
state agency.
(6) "Public wading pool" means an arti-
ficial structure, and its appurtenances, which
contains water less than two feet deep which
is used, or intended to be used, for wading
or recreational bathing and which is for the
use of any segment of the public, whether
limited to patrons of a companion facility or
not.
(7) "Tourist park" includes camp-
grounds, picnic parks, trailer parks and all
other establishments rented or kept for rent
to any person for a charge or fee paid or
to be paid for the rental or use of facilities,
or offered free in connection with securing
the trade or patronage of such persons, or
for indirect benefit to the owner in connec-
tion with a related business; but "tourist
park" does not include buildings, tents or
other structures maintained by any person
on his own premises and used exclusively to
house his own farm or timber labor.
(8) "Travelers' accommodation" includes
any establishment having rooms or apart-
ments rented or kept for rent on a daily
or weekly basis to travelers or transients for
a charge or fee paid or to be paid for rental
or use of facilities.
[1961 c.566 §1; 1973 c.215 §1]
448.010 [Repealed by 1961 c.566 §2 (ORS 448.011
enacted in lieu of ORS 448.010) ]
448.011 Authority of Health Division.
The division shall make such rules pertaining
to the submission of plans for construction,
issuance of permits, design, construction,
size, shape, purification equipment, piping,
operation, sanitation and accident prevention
for public swimming pools, public wading
pools and bathhouses as it deems necessary.
[1961 c.566 §3 (enacted in lieu of 448.010); 1971
c.650 §24; 1973 c.215 §2]
448.020 Permit required to construct
swimming facilities. No person shall con-
struct any public swimming pool or bath-
house without a permit to do so from the
division.
[Amended by 1961 c.566 §4; 1973 c.215 §3]
448.030 Application for permit; con-
tents; issuance or denial; inspection fee.
(1) Any person desiring to construct any
public swimming pool or bathhouse shall file
application for permission to do so with the
division.
(2) The application shall be accom-
panied by a description of the sources of
water supply, amount and quality of water
available and intended to be used, method
and manner of water purification, treat-
ment, disinfection, heating, regulating and
cleaning, lifesaving apparatus, and measures
to insure safety of bathers, measures to
insure personal cleanliness of bathers, meth-
ods and manner of washing, disinfecting,
drying and storing bathing apparel and
towels, and all other information and statis-
tics that may be required by the division.
(3) The division shall then cause an in-
vestigation to be made of the proposed public
swimming pool or bathhouse. If the division
determines that the public swimming pool or
bathhouse is or may reasonably be expected
to become unclean or unsanitary or may
constitute a menace to public health or
safety, it shall deny the application for per-
mit. If the division determines that the pub-
lic swimming pool or bathhouse is or may
reasonably be expected to be conducted con-
tinuously in a clean and sanitary manner and
will not constitute a menace to public health
or safety, it shall grant the application for
permit under such restriction as it shall deem
proper.
-------
SWIMMING FACILITIES; WATER SUPPLIES
§ 448.100
(4) An applicant for a permit to con-
struct a public swimming pool or bathhouse
to be owned, operated or maintained by a
person for profit, or in conjunction with a
travelers' accommodation or tourist park,
shall pay an inspection fee of $50 to the
division. A permit granted under this section
shall be sufficient authority to operate or
maintain a public swimming poo! or bath-
house until the end of the calendar year in
which the permit is issued.
[Amended by 1961 c.566 §5; 1973 c.215 §4]
448.035 License required to operate
swimming facilities; fees; expiration date.
(1) No person shall operate or maintain a
public swimming- pool or bathhouse without
a license to do so from the division.
(2) An annual fee of $25 shall be paid
for a license to operate a public swimming
pool or bathhouse either:
-------
§ 448.205
PUBLIC HEALTH, SAFETY AND MORALS
Division may disperse all or part thereof to
the county pursuant to the contract.
[1973 0.215 §9]
448.110 [Repealed by 1967 c.344 §10]
448.120 [Repealed by 1967 c.344 §10]
448.130 [Repealed by 1967 c.344 §10]
WATER SUPPLY SYSTEMS
(Generally)
448.205 Definitions for ORS 448.205 to
448.325. As used in ORS 448.205 to 448.325
and subsections (2) to (6) of 448.990, unless
the context requires otherwise:
(1) "Adequate" means sufficient in
quantity to satisfy all peak demands during
periods of maximum use without reduction
in pressure below 30 pounds per square inch
in the distribution system and without ex-
hausting the supply at the source.
(2) "Administrator" means the Admin-
istrator of the Health Division of the Depart-
ment of Human Resources.
(3) "Community water supply system"
means a source of water and distribution
system whether publicly or privately owned
which serves more than three single resi-
dences or other users for the purpose of sup-
plying water for household uses.
(4) "Construction" includes installation,
alteration, repair, or extension.
(5) "Division" means the Health Divi-
sion.
(6) "Domestic water supply source"
means any lake, pond, impounding reservoir,
spring, well, stream, creek, marsh, ditch,
canal or other body of water which is or is
likely to become the source of a community
or public water supply system.
(7) "Governmental unit" means the
state or any county, municipality or other
political subdivision, or any agency thereof.
(8) "Household uses" means common
uses within and around a house.
(9) "Local health administrator" means
a city, county or local health officer.
(10) "Person" means any individual, cor-
poration, association, firm, partnership or
joint stock company and includes any re-
ceiver, trustee, assignee or other similar
representative thereof.
(11) "Potable water" means water
which is sufficiently free from biological,
chemical or radiological impurities so that
users thereof will not be exposed to or threat-
ened with exposure to disease or harmful
physiological effects and which has such
other physical properties as to be reasonably
palatable to humans for drinking purposes.
(12) "Public health hazard" means a
condition whereby there are sufficient types
and amounts of biological, chemical or physi-
cal, including radiological, agents relating to
water or sewage which are likely to cause
human illness, disorders or disability. These
include, but are not limited to, pathogenic
viruses, bacteria, parasites, toxic chemicals
and radioactive isotopes.
(13) "Public water supply system" means
a source of water and a distribution system
whether publicly or privately owned which
serves a single user for the purpose of sup-
plying water for household uses and where
such water is provided for or is available
through the single user for public consump-
tion including, but not limited to, a school, a
farm labor camp, an industrial establish-
ment, a recreational facility, a restaurant, a
motel, a mobile home park or a group care
home.
[1973 c.835 §§167,168]
448.210 Purpose. The purpose of ORS
448.205 to 448.325 and subsections (2) to (6)
of 448.990 is to promote the public health and
welfare by providing a regulatory program
for community and public water supply sys-
tems, and services related thereto, that will
assure proper conservation of ground water,
assure the availability of adequate^and safe
water for household use, minimize disease
transmission potential and prevent nuisances
and hazards to public health.
[1973 c.835 §169]
(Administration)
448.215 Division jurisdiction over do-
mestic water supply sources. The Health Di-
vision shall have jurisdiction over all domes-
tic water supply sources and shall:
(1) Cause such sources and surround-
ings to be examined periodically to ascertain
whether the sources are adapted for use as
water supplies for drinking and other house-
hold uses, or are in a condition likely to im-
peril the public health, safety or welfare.
(2) Consult with and advise cities, cor-
porations or firms operating or intending to
construct community or public water supply
systems, concerning the most appropriate
domestic water supply sources, the best prac-
tical methods of assuring the purity thereof
or of disposing of their drainage or sewage.
-------
SWIMMING FACILITIES; WATER SUPPLIES
§ 448.235
In so doing, the division shall consider the
present and prospective needs and interests
of other cities, corporations or firms which
may be affected by the action.
[Formerly 449.215]
448.220 Compliance with rules required.
(1) It is unlawful for any person or govern-
mental unit to operate a community or pub-
lic water supply system in violation of the
rules of the division.
(2) Any community or public water sup-
ply system constructed prior to January 1,
1972, which has been approved by the divi-
sion and does not present or threaten to pre-
sent a health hazard, shall not be subject to
rules which may be adopted under ORS
448.245 after January 1, 1972. However, ex-
tensions, modifications, or alterations of
these systems must comply with all rules
adopted under ORS 448.245 and in effect at
the time the extension, modification or alter-
ation is approved pursuant to subsection (1)
of ORS 448.225.
fFormerly 449.223]
448.225 Plan approval required before
construction of supply system; plan content;
resubmission if construction delayed. (1) Be-
fore performing any ground work other than
examinations or surveys, any person or gov-
ernmental unit desiring to construct a new
community or public water supply system, to
extend or to provide any new or additional
pumping, transmission, treatment or storage
facilities for an existing community or pub-
lic water supply system, or to provide any
new source of water for an existing com-
munity or public water supply system shall
submit plans to the division and must have
received from the division approval of the
plans, either as originally submitted or as
modified pursuant to the division's require-
ment.
(2) In the case of a proposal to construct
a new community or public water supply sys-
tem, plans and specifications shall be sub-
mitted to the division showing:
(a) The source of the supply and quan-
tity of water available.
(b) The transmission and distribution
systems, with further information as to the
amount proposed to be taken and transmit-
ted.
(c) The drainage areas or location of
ground water from which the waters are to
be derived.
(d) The biological, chemical, radiological
and physical quality of the supply.
(e) The kind and character of the works
for gathering, treating and storing the water.
(f) The services to be supplied.
(g) Any additional data which the divi-
sion may require to pass upon whether the
proposed system will be in compliance with
the rules of the division adopted under ORS
448.245.
(3) The administrator or his authorized
representative may require additional or re-
vised plans and specifications to be sub-
mitted with such data as may be necessary
to determine whether the proposal will be
in compliance with the rules of the division
adopted under ORS 448.245.
(4) If construction of the system has
not been started within one year from the
date of approval by the division, resubmis-
sion of the plans and specifications to the
division for approval is required before any
construction is undertaken. However, if the
proposed plan calls for completion of the
project in a series of successive phases over
a period of years, the approval under sub-
section (1) of this section applies to the
entire project.
(5) The division may require by rule that
plans and specifications required under this
section be prepared by persons qualified to
perform such work.
[Formerly 449.220]
448.230 Samples of water to be sub-
mitted for laboratory analysis; reports;
exception. (1) In compliance with rides of
the division, every person or governmental
unit operating a community or public water
supply system shall collect and submit
samples of water from the system for bac-
teriological analysis.
(2) The results of the laboratory analy-
sis shall be reported to the local health ad-
ministrator and to the person or govern-
mental unit responsible for the operation of
the water supply system.
(3) This section and the enforcement
provisions relating thereto do not apply to
any railroad company which is subject to the
jurisdiction of the Interstate Commerce
Commission.
[Formerly 449.225]
448.235 Inspection of watersheds. (1)
Whenever any domestic water supply source
is derived from surface sources, every person
or governmental unit operating a commu-
nity or public water supply system from such
a source shall conduct such sanitary inspec-
tions of the watershed as may be considered
-------
§ 448.240
PUBLIC HEALTH, SAFETY AND MORALS
necessary by the division for the protection
of public health.
(2) The inspection of the watershed
shall include an examination of sewage and
waste disposal facilities at houses, business
establishments, industries and buildings on
the watershed.
(3) The sewage and waste disposal facil-
ities described in subsection (2) of this sec-
tion shall be constructed and operated in
accordance with the rules of the Environ-
mental Quality Commission.
(4) Written reports of all inspections
shall be made promptly to the administrator
and to the Director of the Department of
Environmental Quality.
[Formerly 449.235)
448.240 Inspection of systems. The ad-
ministrator or his authorized representative
may at reasonable times inspect community
and public water supply systems to deter-
mine whether they or the water supplied
therefrom conform to applicable law and to
rules adopted pursuant thereto.
[Formerly 449.227]
448.245 Standards for water, water
systems, and inspection and testing thereof.
In compliance with ORS chapter 183 and
to carry out the purposes of ORS 448.210,
the division, shall:
(1) Prescribe minimum standards for
the biological, chemical, radiological and
physical quality of water supplied from
community and public water supply systems.
(2) Set forth minimum requirements for
the design, construction, maintenance, inter-
connection with other water sources and op-
eration of community and public water sup-
ply systems.
(3) Provide criteria and procedures for
inspection and testing of community and
public water supply systems and existing,
new and undeveloped domestic water sup-
ply sources to determine suitability.
[Formerly 449.237]
448.250 Remedy when water supply a
health hazard. (1) Whenever a community
or public water supply system or part there-
of presents or threatens to present a public
health hazard requiring immediate action to
protect the public health, safety and welfare,
the administrator may request the district
attorney of the county wherein the system
is located to institute a suit in equity. The
suit may be commenced without the neces-
sity of prior administrative procedures or
104g
hearing and entry of an order or at any
time during such administrative proceedings,
if such proceedings have been commenced.
The suit may petition for a mandatory in-
junction compelling the person or govern-
mental unit responsible for the operation of
the system to cease and desist operation or
to make such improvements and corrections
as are necessary to remove the public health
hazard or threat thereof.
(2> Cases filed under provisions of this
section or any appeal therefrom shall be
given preference on the docket over all
other civil cases except those given an equal
preference by statute.
(3) Nothing in this section is intended
to prevent the maintenance of actions at law
or suits in equity relating to private or pub-
lic nuisance or for recovery of damages
brought by private persons or by the state
on relation of any person.
[Formerly 449.2*17]
448.255 Notice of alleged violation; or-
der; hearing; appeal. (1) Whenever the
administrator has reasonable grounds to be-
lieve that a community or public water sup-
ply system or part thereof is being operated
or maintained in violation of any rule adopt-
ed pursuant to ORS 448.270. he shall give
written notice to the person or persons in
control of the system or facility.
(2) The notice required under subsec-
tion (1) of this section shall include the fol-
lowing:
(a) Citation of the rule allegedly vio-
lated;
(b) The manner and extent of the al-
leged violation; and
(c) A statement of the party's right to
request a hearing.
(3) The notice shall be served person-
ally or by registered or certified mail and
shall be accompanied by an order of the ad-
ministrator requiring remedial action which,
if taken within the time specified in the
order, will effect compliance with the rule
allegedly violated. The order shall become
final unless request for hearing is made by
the party receiving the notice within 10 days
from the date of personal service or the date
of mailing of the notice.
(4) The form of petition for hearing and
the procedures employed in the hearing shall
be consistent with the requirements of ORS
chapter 183 and shall be in accordance with
rules adopted by the division.
-------
SWIMMING FACILITIES; WATER SUPPLIES
§ 448.285
(5) The administrator may designate a
hearings officer to act on his behalf in hold-
ing and conducting hearings.
(6) The order shall be affirmed or re-
versed by the administrator after hearing.
A copy of the administrator's decision set-
ting forth findings of fact and conclusions
shall be sent by registered or certified mail
to the petitioner or served personally upon
him. An appeal from such decision may be
made as provided in ORS 183.480 relating to
a contested case.
T1973 c.835 §171]
448.260 Order where supply inade-
quate; appeal. (1) Whenever the water
supply in a community or public water sup-
ply system is not adequate, the administra-
tor may enter an order which:
(a) Restricts the water usage to essen-
tial needs;
(b) Prohibits the installation of addi-
tional service connections;
(c) Prohibits any extensions of the sys-
tem; or
(d) Any combination of paragraph (a),
(b) or (c) of this subsection.
(2) The order shall set forth the re-
striction or the prohibition, including but not
limited to any time or duration restriction,
any specific use restriction and the descrip-
tion of any prohibition.
(3) Any person aggrieved by any order
of the administrator issued under subsection
(1) of this section may appeal from such or-
der in accordance with the provisions of ORS
chapter 183 relating to a contested case.
However, notwithstanding subsection (3) of
ORS 183.480 relating to a stay of enforce-
ment of an agency decision, any reviewing
court before it may stay an order of the ad-
ministrator shall give due consideration to
the public interest in the continued enforce-
ment of such order and may take testimony
thereon.
[1973 c.835 §185]
448.265 Prohibited actions; nuisance
abatement. (1) It shall be unlawful for any
person to do any of the following if the re-
sult would be to pollute a domestic water
supply source or to destroy or endanger a
public or community water supply:
(a) Establish or maintain any slaughter
pen, stock-feeding yards or hogpens.
(b) Deposit or maintain any uncleanly
or unwholesome substance.
(2) Violation of paragraph (a) or (b)
of subsection (1) of this section is a public
nuisance and may be abated as other nui-
sances under the laws of this state.
[Formerly 449.320]
448.270 Rules of division. In accord-
ance with the applicable provisions of ORS
chapter 183, the division shall adopt such
rules as it considers necessary and proper for
the purpose of carrying out ORS 448.205 to
448.325 and subsections (2) to (6) of
448.990.
T1973 c.835 §170]
448.275 Contract with counties. The
administrator may contract with district or
county boards of health to perform the
duties of the administrator or the division
under ORS 448.230 and 448.240.
[1973 c.835 §173]
(Civil Penalties)
448.280 Civil penalties; notice. (1) In
addition to any other penalty provided by
law, any person who violates any rule of
the division relating to the construction, op-
eration or maintenance of a community or
public water supply system or part thereof
shall incur a civil penalty not to exceed $500
for each day of violation.
(2) No civil penalty prescribed under
subsection (1) of this section shall be im-
posed until the person incurring the penalty
has received five days' advance notice in
writing from the division or unless the per-
son incurring the penalty shall otherwise
have received actual notice of the violation
not less than five days prior to the violation
for which a penalty is imposed.
[1973 c.835 §174]
448.285 Penalty schedule; factors to be
considered in imposing penalty. (1) The
administrator of the division shall adopt by
rule a schedule or schedules establishing the
amount of civil penalty that may be imposed
for a particular violation. No civil penalty
shall exceed $500 per day.
(2) The administrator may impose the
penalty without hearing but only after
notice required by subsection (2) of ORS
448.280. In imposing a penalty pursuant to
the schedule or schedules adopted pursuant
to this section, the administrator shall con-
sider the following factors:
(a) The past history of the person in-
curring a penalty in taking all feasible steps
or procedures necessary or appropriate to
correct any violation.
-------
§448,290
PUBLIC HEALTH, SAFETY AND MORALS
(b) Any prior violations of statutes,
rules, orders and permits pertaining to the
public or community water supply system.
(c) The economic and financial condi-
tions of the person incurring the penalty.
(3) The penalty imposed under this sec-
tion may be remitted or mitigated upon such
terms and conditions as the division con-
siders proper and consistent with the public
health and safety.
[1973 c.835 §175]
448.290 When penalty due; notice;
hearing; order as judgment. (1) Any
civil penalty imposed under ORS 448.285
shall become due and payable when the per-
son incurring the penalty receives a notice
in writing from the administrator of the
division. The notice shall be sent by regis-
tered or certified mail, shall conform to the
requirements of ORS 183.415 and shall in-
clude a statement of the amount of the pen-
alty.
(2) The person to whom the notice is
addressed shall have 20 days from the date
of mailing of the notice in which to make
written application for a hearing before the
division.
(3) All hearings shall be conducted pur-
suant to the provisions of ORS chapter 183
applicable to a contested case.
(4) Unless the amount of the penalty is
paid within 10 days after the order becomes
final, the order shall constitute a judgment
and may be filed in accordance with the pro-
visions of ORS 18.320 to 18.370. Execution
may be issued upon the order in the same
manner as execution upon a judgment of a
court of record.
(5) All amounts recovered under this
section shall be paid into the State Treasury
and credited to the General Fund.
f1973 c.835 5178]
(City Authority)
448.295 Jurisdiction of cities over prop-
erty used for system or sources. Subject to
the authority of the Health Division under
ORS 448.215, for the purpose of protecting
from pollution their domestic water supply
sources, cities shall have jurisdiction over
all property:
(1) Occupied by the distribution system
or by the domestic water supply sources by
and from which the city or any person or
corporation provides water to the inhabit-
ants of the city.
(2) Acquired, owned or occupied for the
purpose of preserving or protecting the pur-
ity of the domestic water supply source.
(3) Acquired, owned or occupied by
cities within the areas draining into the do-
mestic water supply sources.
[FormerJy 449.305]
448.300 City ordinance authority to en-
force ORS 448.295. Cities may prescribe by
ordinance what acts constitute offenses
against the purity of the water supply and
the punishment or penalties therefor and
may enforce those ordinances within their
corporate limits and on property described
in ORS 448.295.
[Formerly 449.310]
448.305 Special ordinance authority of
certain cities. (1) Subject to subsection
(2) of this section, by ordinance a city may
prohibit or restrict access for purposes of
fishing, hunting, camping, hiking, picnick-
ing, trapping of wild animals or birds, har-
vesting of timber or mining or removal of
minerals or carrying on any other activity
in its watershed area, or by ordinance may
permit any such activity in its watershed
area upon conditions specified in the ordi-
nance. However, no ordinance passed under
authority of this section shall prohibit the
hunting or trapping of fur-bearing or preda-
tory mammals doing damage to public or
private property or prohibit the hunting or
trapping of any bird or mammal for scien-
tific purposes, as defined in subsection (3)
of ORS 497.298.
(2) Subsection (1) of this section ap-
plies only to cities with respect to watershed
areas which are the subject of an agree-
ment between the city and the United States
or any department or agency thereof, which
agreement authorizes such action by the city.
(3) An ordinance adopted by any city
pursuant to this section shall include a pen-
alty clause providing for a penalty upon con-
viction of a fine of not more than $100 or
imprisonment for not more than 30 dayB,
or both such fine and imprisonment.
(4) After adoption of an ordinance pur-
suant to subsection (1) of this section, a city
shall post the area with suitable signs set-
ting forth the prohibition of access or the
conditions of limited access imposed by the
ordinance. Failure to post the area as re-
quired in this subsection shall be a defense
in any prosecution under an ordinance
adopted by any city under authority of this
section.
[Formerly 449.327]
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SWIMMING FACILITIES; WATER SUPPLIES
§ 448.990
448.310 Investigation of complaints.
The officer in charge of the domestic water
supply source or the community water sup-
ply system serving the city shall investigate
complaints made to him concerning purity of
the source or system and if the complaint
appears to be well founded, file a complaint
against the person violating ordinances of
the city and cause his arrest and prosecution.
[Formerly 449.335]
448.315 Special police to enforce ORS
448.295. The mayor or authorities having
control of the community water supply sys-
tem supplying the city may appoint special
policemen who:
(1) After taking oath, shall have the
powers of constables.
(2) May arrest with or without warrant
any person committing, within the territory
described in ORS 448.295, for:
(a) Any offense against the purity of
the domestic water supply source or the
community water supply system under state
law or an ordinance of such city; or
(b) Any violation of any rule of the divi-
sion or the authorities having control of the
city water system for the protection of the
purity of the domestic water supply source
or the community water supply system.
(3) May take any person arrested for
any violation under this section before any
court having jurisdiction thereof to be pro-
ceeded with according to law.
(4) When on duty, shall wear in plain
view a badge or shield bearing the words
"Special Police" and the name of the city for
which he is appointed.
[Formerly 449.315]
448.320 Jurisdiction over violations of
city ordinances. The municipal or recorder's
court of any city passing an ordinance under
authority of ORS 448.300 or 448.305 and the
justice of the peace court or district court
of the county wherein such city is located or
in which the watershed area is located shall
have concurrent jurisdiction to try and de-
termine any prosecution brought under such
ordinance. If prosecution is had in a justice
of the peace court or a district court, the
court shall remit to the city, after deducting
court costs, the amount of any fine collected,
except as otherwise provided by subsection
(2) of ORS 46.045. If a jail term is imposed,
the convicted person shall be confined in
the city jail or in the county jail and if con-
fined in the county jail the county shall be
entitled to recover from the city the actual
costs of such incarceration.
[Formerly 449.328]
448.325 Injunction to enforce city ordi-
nances. In cases of violation of any ordi-
nance adopted under ORS 448.300 or 448.305
any city or any corporation owning a do-
mestic water supply source or the commu-
nity water supply system for the purpose
of supplying any city or its inhabitants with
water may have the nuisance enjoined by
civil action in the circuit court of the proper
county. The injunction may be perpetual.
[ Formerly 449.340]
PENALTIES
448.990 Penalties. (1) Violation of
ORS 448.005 to 448.090 by any person, firm
or corporation, whether acting as principal
or agent, employer or employe, is punishable,
upon conviction, by a fine of not less than
$25 nor more than $500 or by imprison-
ment in the county jail not exceeding six
months, or by both. Each day that the vio-
lation continues is a separate offense.
(2) Violation of ORS 448.225 or 448.235
is a Class A misdemeanor.
(3) Violation of ORS 448.220, 448.230 or
failure to comply with any order issued by
the Administrator of the Health Division
pursuant to ORS 448.260 by any owner or
public or private official or person respon-
sible for the operation of a community or
public water supply is a Class A misde-
meanor.
(4) Violation of any rule of the Health
Division adopted pursuant to ORS 448.205
to 448.325 and subsections (2) to (6) of
this section.
(5) Violation of ORS 448.265 ia a Class
B misdemeanor.
(6) Violation of ORS 468,770 is a Class
A misdemeanor,
[Amended by 1967 c.344 §8; subsections (21 to (B)
enacted as 1973 c.835 §177; subsection (61 enacted
as 1973 c.835 §177a]
1051
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PUBLIC HEALTH, SAFETY AND MORALS
CERTIFICATE OF LEGISLATIVE COUNSEL
Pursuant to ORS 173.170, I, Thomas G. Clifford, Legi slative Counsel, do hereby certify that I have compared
each section printed in this chapter with the original section in the enrolled bill, and that the sections in
this chapter are correct copies of the enrolled sections, with the exception of the changes in form permitted
by ORS 173.160 and other changes specifically authorized by law.
Done at Salem, Oregon, Thomas G. Clifford
on November l, 1973. Legislative Counsel
1052
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rtRKfiON T.ERTST.ATTVF. ASSEMBLY—1Q7S RFfHTLAP CVCSlON
Enrolled
Senate Bill 612
Sponsored by Senators HEARD, MEEKER, Representative SUMNER
chapter
AN ACT
Relating to water supply systems; creating new provisions; amending
ORS 448.205, 448.210, 448.215, 448.220, 448.225, 448.230, 448.235, 448.240,
448.245, 448.250, 448.255, 448.260, 448.265, 448.280, 448.285 and 448.990;
providing penalties; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
Section 1. ORS 448.205 is amended to read:
448.205. As used in ORS 448.205 to 448.325 and subsections (2) to (6)
of 448.990, unless the context requires otherwise:
(1) "Adequate" means a domestic water supply source and distribution
system, each sufficient in [quantity] capability to [satisfy] supply all
peak daily demands and instantaneous demands during periods of maxi-
mum use without reduction in pressure below [30] 20 pounds per square
inch [in the distribution system and without exhausting the supply at
the source] at any service connection, except during an emergency.
(2) "Administrator" means the Administrator of the Health Division
of the Department of Human Resources.
(3) "Community water supply system" means a [source o/ water and
distribution system whether publicly or privately owned] domestic water
supply source or distribution system which serves more than three single
residences or other users for the purpose of supplying water for household
uses, but is neither a municipal water supply system nor a public utility
water supply system.
(4) "Construction" [includes] means installation [, alteration, repair,]
or extension.
(5) "Distribution system" includes but is not limited to distribution
main pipelines, pumping stations, pressure pumps, pressure tanks, valves
and other ancillary equipment used to transmit water from a domestic
water supply source to the prospective user's service lipe.
[(5)] (6) "Division" means the Health Division.
[(6)] (7) "Domestic water supply source" means any lake, pond,
impounding reservoir, water storage facility, water treatment facility,
spring, well, stream, creek, river, marsh, ditch, canal or other body of
water [which is or is likely to become the source of a] from which water
is derived for municipal, public utility, community or public water supply
[system] systems.
(8) "Emergency" means the result of any natural element or mechani-
cal failure which is unpredictable and temporary or infrequent, and which
causes a domestic water supply source or distribution system to be tem-
porarily less than adequate.
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(9) "Final plans" are limited to approved tentative plans, along with
modifications, alterations or required revisions, as constructed.
IY7)1 (10) "Governmental unit" means the state or any county, mu-
nicipality or other political subdivision, or any agency thereof.
U^] (**) "Household uses" means common uses within and around
S (12) "Instantaneous demand" means the actual measured maximum
rate that water is supplied through a distribution system at any time,
measured in gallons per minute. Where actual measured rates are not
available, actual measurements from similar systems shall be used to
derive a reasonable estimate. . .. .. , ,
(13) "Local health administrator" means a city, county or local
health officer. . , ,. ,
(14) "Municipal water supply system" means domestic water supply
sources and distribution systems owned and operated by a city or a county;
or owned and operated by a special district or other public corporation
which has independent tax-levying powers to support the system and
which supplies water to a total of 1,000 or more households.
(15) "Peak daily demand" means the actual measured maximum quan-
tity of water to be supplied through a distribution system during any
24-hour period. Where the actual measured quantities are not available,
actual measurements from similar systems shall be used to derive a
reasonable estimate. . .
UlO)] (16) "Person" means any individual, corporation, association,
firm partnership or joint stock company and includes any receiver,' trustee,
assignee or other similar representative thereof. _ .
lYlj)] (17) "Potable water" means water which is sufficiently free
from biological, chemical, physical or radiological impurities so that users
thereof will not be exposed to or threatened with exposure to disease
or harmful physiological effects and which has such other physical prop-
erties as to be Treasonably} palatable to humans for drinking purposes.
[YI2I1 (18) "Public health hazard" means a condition whereby there
are sufficient types and amounts of biological, chemical or physical, includ-
SrSSicaf agents relating to water or sewage which are likely to
cause human illness, disorders or disability. These include but are not
limited to, pathogenic viruses, bacteria, parasites, toxic chemicals and
radioactive isotopes. „ „ , .. .
(19) "Public utility water supply system" means domestic water supply
sources and distribution systems supplying water for household uses,
owned and operated by a person subject to regulation by the Public Utility
Commissioner of Oregon and supplying water to a total of 500 or more
households. (1public water supply system" means a [source of water
and a distribution system whether publicly or privately owned which
serves a single user for the purpose of supplying water for household
uses and 1 domestic water supply source and distribution system other than
a municipal water supply system or public utility water supply system
where Tsuch] water is provided for or is available through the single user
for public consumption including, but not limited to, a school, a farm labor
camp an industrial establishment, a recreational facility, a restaurant, a
motel [, a mobile home park] or a group care home.
(21) "Tentative plans" include designs, specifications, materials and
locations proposed for construction.
(22) "User service line" means the extension, from the distribution
system to a user, that is regulated by the plumbing code.
Section 2. ORS 448.210 is amended to read:
448.210. The purpose of ORS 448.205 to 448.325 and subsections (2) to
Enrolled Senate Bill 612 PaSe 2
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(6) of 448.990 is to promote the public health and welfare by providing a
regulatory program and services related thereto for:
(1) Domestic water supply sources [/or community and public water
supply systems, and services related thereto,] that will assure [proper
conservation of ground water, assure the availability of adequate and
safe water for household use, minimize disease transmission potential and
prevent nuisances and hazards to public health.} the availability of potable
water and prevent public health hazards and public nuisances; and
(2) Community and public water supply systems that will provide
for adequate water.
Section 3. ORS 448,215 is amended to read:
448.215. (1) The Health Division shall have jurisdiction over all
domestic water supply sources and shall:
[flJ] (a) Cause such sources and surroundings to be examined peri-
odically to ascertain whether the sources are adapted for use as water
supplies for drinking and other household uses, or are in a condition likely
to [imperil the public health, safety or welfare] cause a public health
hazard.
[(2)] (b) Consult with and advise cities, corporations or firms oper-
ating or intending to construct [community or public] water supply systems,
concerning the most appropriate domestic water supply sources, the best
practical methods of assuring the purity thereof or of disposing of their
drainage or sewage. In so doing, the division shall consider the present
and prospective needs and interests of other cities, corporations or firms
which may be affected by the action.
(2) The Health Division shall have jurisdiction over all community and
public water supply systems and shall:
(a) Cause the systems to be examined periodically to ascertain whether
the systems deliver adequate water for household use.
(b) Consult with and advise entities operating or intending to construct
community or public water supply systems concerning the best practical
methods of delivering adequate water.
Section 4. ORS 448.220 is amended to read:
448.220. (1) It is unlawful for any person or governmental unit to
operate a [community or public] water supply system in violation of the
rules of the division.
(2) Any community or public water supply system [constructed prior
to January I, 1972,] or any domestic water supply source, the tentative
plans for which [has] have been approved by the division [and] according
to the rules adopted under ORS 448.225 at the time of the approval, and
which does not [present or] threaten to [present a] cause a public health
hazard, shall not be subject to rules which may be adopted under ORS
448.245 after [January 1,1972} the date of approval. However, extensions,
modifications, or alterations of these systems must comply with all rules
adopted under ORS 448.245 and in effect at the time the extension, modifica-
tion or alteration is approved pursuant to [subsection] subsections (1)
and (3) of ORS 448.225.
Section 5. ORS 448.225 is amended to read:
448.225. (1) Before performing any ground work other than examina-
tions or surveys, any person or governmental unit desiring to construct a
new community or public water supply system, to extend or to provide
any new or additional pumping, transmission, treatment .or storage facilities
for an existing community or public water supply system [, or to provide
any new source of water for an existing community or public water supply
system] shall submit tentative plans to the division and must have received
from the division approval of the tentative plans, either as originally sub-
mitted or as modified pursuant to the division's requirement.
Enrolled Senate Bill 612 Page 3
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(2) In the case of a proposal to construct a new community or public
water supply system, tentative plans and specifications shall be submitted
to the division showing:
(a) The source of the supply and- quantity of water available.
(b) The transmission and distribution systems, with further informa-
tion as to the amount proposed to be taken and transmitted.
[(c) The drainage areas or location of ground water from, which the
waters are to be derived.]
[(d) The biological, chemical, radiological and physical quality of the
supply.]
[(e) The kind and character of the works for gathering, treating and
storing the water.]
[(f)] (c) The number of services to be supplied.
[('sO] (d) Any additional data which the division may require to pass
upon whether the proposed system will be in compliance with the rules
of the division adopted under ORS 448.245.
(3) In the case of an extension from, or to, any new or additional
pumping, transmission, treatment or storage facilities for an existing
community or public water supply system, the administrator or his author-
ized representative may require additional or revised tentative plans and
specifications to be submitted with such data as may be necessary to
determine whether the proposal will be in compliance with the rules
of the division adopted under ORS 448.245.
(4) If construction of the system has not been [started] completed
within one year from the [date of approval] completion date specified on
the tentative plans approved by the division, resubmission of the tentative
plans and specifications to the division for approval is required before
any additional construction is undertaken. However, if the proposed plan
calls for completion of the project in a series of successive phases over a
period of years, the approval under subsection (1) of this section applies
to the entire project.
(5) Before operating a community or public water supply system for
which tentative plans have been approved, final plans shall be submitted
and approved by the division, either as originally submitted or as modified
to meet requirements in effect at the time of tentative approval pursuant to
this section.
(6) Within 21 days after receipt of the final plans the division shall
approve the final plans for the community or public water supply system
as long as any modifications or alterations of the approved tentative plans
meet the requirements pursuant to this section. Approval of the final
plans by the division shall constitute approval of the community or
public water supply system.
(7) The division may require by rule that all plans and speci-
fications required under this section be prepared by persons qualified to
perform such work.
Section 6. ORS 448.230 is amended to read:
448.230. (1) In compliance with rules of the division, every person or
governmental unit operating a community, public utility, municipal or
public water supply system shall collect and submit samples of water
from the system for bacteriological analysis. These samples shall be ana-
lyzed in a laboratory approved by the division.
(2) The results of the laboratory analysis shall be reported to the
local health administrator and to the person or governmental unit re-
sponsible for the operation of the water supply system.
(3) This section and the enforcement provisions relating thereto do
not apply to any railroad company which is subject to the jurisdiction of
the Interstate Commerce Commission.
Enrolled Senate Bill 612 Page 4
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Section 7. OES 448.235 is amended to read:
448.235. (1) Whenever any domestic water supply source is derived from
surface sources, every person or governmental unit operating [a community
or public water supply system] from [such a] the source shall conduct
such sanitary inspections of the watershed as may be considered necessary
by the division for the protection of public health.
(2) The inspection of the watershed shall include an examination of
sewage and waste disposal facilities at houses, business establishments,
industries and buildings on the watershed.
(3) The sewage and waste disposal facilities described in subsection
(2) of this section shall be constructed and operated in accordance with
the rules of the Environmental Quality Commission.
(4) Written reports of all inspections shall be made promptly to the
administrator and to the Director of the Department of Environmental
Quality.
Section 8. ORS 448.240 is amended to read:
448.240. The administrator or his authorized representative may at
reasonable times inspect community, public utility, municipal and public
water supply systems to determine whether they or the water supplied
therefrom conform to applicable law and to rules adopted pursuant thereto.
Section 9. ORS 448.245 is amended to read:
448.245. In compliance with ORS chapter 183 and to carry out the pur-
poses of ORS 448.210, the division shall:
(1) Prescribe minimum standards for the biological, chemical, radio-
logical and physical quality of water supplied from [community and pub-
lic] water supply systems.
(2) Set forth guidelines and minimum requirements for the design,
construction, maintenance, interconnection with other water sources and
operation of community and public water supply systems to provide ade-
quate and potable water. A guideline as used in this section shall not be
a mandatory requirement but shall provide suggested alternatives for
achieving minimum requirements.
(3) Provide criteria and procedures for inspection and testing of [com-
munity and public] water supply systems and existing, new and unde-
veloped domestic water supply sources to determine [suitability] that
the water is potable .
(4) Determine types of materials not suitable for construction of water
systems where use of such materials has been found to cause a public
health hazard. Any rule designating such hazardous materials shall in-
clude the basis for the findings by the division.
Section 10. ORS 448.250 is amended to read:
448.250. (1) Whenever a community, public utility, municipal or public
water supply system or part thereof presents or threatens to present a
public health hazard requiring immediate action to protect the public
health, safety and welfare, the administrator may request the district at-
torney of the county wherein the system is located to institute a suit in
equity. The suit may be commenced without the necessity of prior ad-
ministrative procedures or hearing and entry of an order or at amy time
during such administrative proceedings, if such proceedings have been com-
menced. The suit may petition for a mandatory injunction compelling the
person or governmental unit responsible for the operation of the system to
cease and desist operation or to make such improvements and corrections
as are necessary to remove the public health hazard or threat thereof.
(2) Cases filed under provisions of this section or any appeal there-
from shall be given preference on the docket over all other civil cases
except those given an equal preference by statute.
(3) Nothing in this section is intended to prevent the maintenance of
Enrolled Senate Bill 612 Page 5
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actions at law or suits in equity relating to private or public nuisance or
for recovery of damages brought by private persons or by the state on
relation of any person.
Section 11. ORS 448.255 is amended to read:
448.255. (1) Whenever the administrator has reasonable grounds to
believe that a community, public utility, municipal or public water supply
system or part thereof is being operated or maintained in violation of any
rule adopted pursuant to ORS 448.270, he shall give written notice to the
person or [persons in control of] governmental unit responsible for the
system or facility.
(2) The notice required under subsection (1) of this section shall in-
clude the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the sHeged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or certified
mail and shall be accompanied by an order of the administrator requiring
remedial action which, if taken within the time specified in the order, will
effect compliance with the rule allegedly violated. The order shall be-
come final unless request for hearing is made by the party receiving the
notice within 10 days from the date of personal service or the date of
mailing of the notice.
(4) The form of petition for hearing and the procedures employed in
the hearing shall be consistent with the requirements of ORS chapter 183
and shall be in accordance with rules adopted by the division.
(5) The administrator may designate a hearings officer to act on his
behalf in holding and conducting hearings.
(6) The order shall be affirmed or reversed by the administrator after
hearing. A copy of the administrator's decision setting forth findings of
fact and conclusions shall be sent by registered or certified mail to the
petitioner or served personally upon him. An appeal from such decision
may be made as provided in ORS 183.480 relating to a contested case.
Section 12. ORS 448.265 is amended to read:
448.265. (1) It shall be unlawful for any person to do any of the
following if the result would be to pollute a domestic water supply source
or to destroy or endanger a public, municipal, public utility or community
water supply system:
(a) Establish or maintain any slaughter pen, stock-feeding yards or
hogpens.
(by Deposit or maintain any uncleanly or unwholesome substance,
(2) Violation of paragraph (a) or (b) of subsection (1) of this section
is a public nuisance and may be abated as other nuisances under the laws
of this state.
Section 13. ORS 448.280 is amended to read:
448.280. (1) In addition to any other penalty provided by law, any
person who violates any rule of the division relating to the construction,
operation or maintenance of a community, public utility, municipal or
public water supply system or part thereof shall incur a civil penalty
not to exceed $500 for each day of violation.
(2) No civil penalty prescribed under subsection (1) of this section
shall be imposed until the person incurring the penalty has received five
days' advance notice in writing from the division or unless the person in-
curring the penalty shall otherwise have received actual notice of the
violation not less than five days prior to the violation for which a penalty
is imposed.
Section 14, ORS 448.285 is amended to read:
448.285. (1) The administrator of the division shall adopt by rule a
Enrolled Senate Bill 612 Page 6
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schedule or schedules establishing the amount of civil penalty that may
be imposed for a particular violation. No civil penalty shall exceed $500
per day.
(2) The administrator may impose the penalty without hearing but
only after the notice required by subsection (2) of ORS 448.280. In im-
posing a penalty pursuant to the schedule or schedules adopted pursuant
to this section, the administrator shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all
feasible steps or procedures necessary or appropriate to correct any viola-
tion.
(b) Any prior violations of statutes, rules, orders and permits pertain-
ing to the public, municipal, public utility or community water supply
system.
(c) The economic and financial conditions of the person incurring the
penalty.
(3) The penalty imposed under this section may be remitted or miti-
gated upon such terms and conditions as the division considers proper and
consistent with the public health and safety.
SECTION 15. Sections 16, 17 and 17a of this Act are added to and
made a part of ORS 448.205 to 448.325.
SECTION 16. (1) Before constructing a domestic water supply source,
any person, entity or government unit shall submit tentative plans to the
division and must have approval of the plans, either as originally sub-
mitted or as modified pursuant to the division's requirements for potable
water. The tentative plans shall be submitted to the division showing:
(a) Domestic water supply source site location.
(b) Drainage areas, watersheds and topography.
(c) Approximate location of waters or ground waters from which the
water is to be derived.
(d) Biological, chemical, radiological and physical quality of the water.
(e) The kind and character of the works for gathering, treating and
storing the water.
(f) Any additional data which the division may require to determine
that the water derived from the source will be in compliance with stand-
ards adopted under subsections (1) and (3) of ORS 448.245.
(2) Notwithstanding the provisions of subsection (1) of this section,
before constructing or testing a domestic water well, any person, entity
or government unit shall submit tentative plans to the division and must
have approval of the plans, either as originally submitted or as modified
pursuant to the division's requirements, showing the requirements of para-
graphs (a), (b) and (c) of subsection (1) of this section. Before any addi-
tional construction of the works, all the remaining provisions of subsection
(1) of this section shall be complied with.
(3) Before operating a domestic water supply source for which tenta-
tive plans have been approved, final plans must be approved by the
division, either as originally submitted or as modified to meet require-
ments in effect at the time of tentative approval pursuant to this section.
(4) The division shall approve the domestic water supply source final
plans provided that any modifications or alterations of the approved tenta-
tive plans meet the requirements pursuant to this section. Approval of the
final plans by the division shall constitute approval of the domestic water
supply.
(5) The division may require by rule that tentative and final plans
required under this section be prepared by persons qualified to perform
such work.
SECTION 17. (1) Notwithstanding the provisions of or any rules adop-
ted pursuant to ORS 448.205 to 448.325, during an emergency and for a
Enrolled Senate Bill 612
Page 7
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reasonable time thereafter, the administrator or his authorized representa-
tive shall provide for exemptions when:
(a) The person or governmental unit operating a community, public,
public utility or municipal water supply system declares that the time
required for compliance under ORS 448.220 causes or is likely to cause
a system to supply water that is not adequate or that is a public health
hazard.
(b) The administrator or his authorized representative determines that
the time required for compliance under ORS 448.220 causes or is likely to
cause a system to supply water that is not adequate or that is a public
health hazard.
(2) Within 30 days after remedy of an emergency, the person or gov-
ernmental unit operating a community, public, public utility or municipal
water supply system pursuant to subsection (1) of this section shall com-
ply with all rules of the division adopted pursuant to subsection (2) of
ORS 448.220.
SECTION 17a. (1) The division shall either approve submitted tenta-
tive plans for domestic water supply sources, community water supply
systems and public water supply systems, as originally submitted, or shall
propose modifications pursuant to the division's standards, within 21 days
of submission.
(2) Tentative plans amended to include modifications pursuant to the
division's standards and resubmitted shall be considered approved upon
resubmission.
(3) Tentative plans otherwise modified and resubmitted to the division
for approval shall be considered as submitted tentative plans under sub-
section (1) of this section.
(4) Submitted tentative plans neither approved nor modified by the
division as provided in subsection (1), (2) or (3) of this section shall be
considered approved by the division upon submission of a written state-
ment to the division from the person submitting the tentative plans certi-
fying that the tentative plans meet the division's standards.
(5) Within three days after resubmission of the tentative plans pur-
suant to subsection (2) of this section or within three days after sub-
mission of written certification pursuant to subsection (4) of this section,
the division shall issue an unconditional written statement of approval of
the tentative plans.
Section 18. ORS 448.990 is amended to read:
448.990. (1) Violation of ORS 448.005 to 448.090 by any person, firm
or corporation, whether acting as principal or agent, employer or employe,
is punishable, upon conviction, by a fine of not less than $25 nor more
than $500 or by imprisonment in the county jail not exceeding six months,
or by both. Each day that the violation continues is a separate offense.
(2) Violation of ORS 448.225 or 448.235 is a Class A misdemeanor.
(3) Violation of ORS 448.220, 448.230 or failure to comply with any
order issued by the Administrator of the Health Division pursuant to ORS
448.260 by any owner or public or private official or person responsible
for the operation of a community or public water supply is a Class A
misdemeanor.
(4) Violation of any rule of the Health Division adopted pursuant to
ORS 448.205 to 448.325 [and subsections (2) to (6) of this section] is a
Class A misdemeanor.
(5) Violation of ORS 448.265 is a Class B misdemeanor.
(6) Violation of ORS 468.770 is a Class A misdemeanor.
Section 18a. ORS 448.260 is amended to read:
448.260. (1) Whenever the water supply in a community or public
Enrolled Senate Bill 612
Page 8
-------
water supply system is not adequate, the administrator may enter an
order which:
(a) Restricts the water usage to essential needs;
(b) Prohibits the installation of additional service connections;
(c) Prohibits any extensions of the system; or
(d) Any combination of paragraph (a), (b) or (c) of this subsection.
(2) The order shall set forth the restriction or the prohibition, includ-
ing but not limited to any time or duration restriction, any specific use
restriction and the description oE any prohibition.
(3) Any person or governmental unit aggrieved by any order of the
administrator issued under subsection (1) of this section may appeal from
such order in accordance with the provisions of ORS chapter 183 relating
to a contested case. However, notwithstanding subsection (3) of ORS
183.480 relating to a stay of enforcement of an agency decision, any re-
viewing court before it may stay an order of the administrator shall give
due consideration to the public interest in the continued enforcement of
such order and may take testimony thereon.
SECTION 19. This Act being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist,
and this Act takes effect on its passage.
o-
Approved by the Governor June 3, 1975.
Filed in the office of Secretary of State June 3, 1975.
Enrolled Senate Bill 612
Page 9
-------
OREGON LEGISLATIVE ASSEMBLY—1975 REGULAR SESSION
Enrolled
Senate Bill 616
Sponsored by Senators SMITH, THORNE, Representatives PATTERSON,
GILMOUR, HANNEMAN, JONES, KULONGOSKI, MAGRUDER,
McCRAE, SIMPSON, SUMNER, WALDEN, WILHELMS, WYATT
691
CHAPTER
AN ACT
Relating to community and public water supply systems.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 and 3 of this Act are added to and made a part
of ORS 448.205 to 448.325.
SECTION 2. In. prescribing minimum requirements for the design and
construction of community water supply systems and public water supply
systems, the division shall take into consideration varying usages and
conditions, if any, in different areas or regions of the state.
SECTION 3. (1) In the case of a temporary community water supply
system or a public water supply system that will serve users for a period
not in excess of five years, the division may allow such variances from
design and construction requirements as will not be contrary to the
purposes as stated in ORS 448.210.
(2) Systems approved under such variances shall not be operated
after the period of time stated in the approved plans and specifications.
o
Approved by the Governor July 8, 1975.
Filed in the office of Secretary of State July 8, 1975.
-------
APPENDIX C
NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS
-------
WEDNESDAY, DECEMBER 24, 197S
PART IV:
ENVIRONMENTAL
PROTECTION
AGENCY
WATER PROGRAMS
National Interim Primary Drinking
Water Regulations
-------
r>9r>G6
Title 40—Protection of Environment
CHAPTER I—ENVIRONMENTAL
PROTECTION AGENCY
subchapter d—water programs
[FRL 464-7)
PART 141—NATIONAL INTERIM PRIMARY
DRINKING WATER REGULATIONS
On March 14, 1975, the Environmental
Protection Agency (EPA) proposed Na-
tional Interim Primary Drinking Water
Regulations pursuant to sections 1412,
1414, 1415, and 1450 of the Public Health
Service Act ("the Act"), as amended by
the Safe Drinking Water Act ("SDWA,"
Pub, L. 93-523), 40 PR 11990. EPA held
public hearings on the proposed regula-
tions in Boston, Chicago, San Francisco,
and Washington during the month of
April. Several thousand pages of com-
ments on the proposed regulations were
received and evaluated. In addition, the
Agency has received comments and in-
formation on the proposed regulations
from the National Drinking Water Ad-
visory Council, the Secretary of Health,
Education, and Welfare, and from num-
erous others during meetings with repre-
sentatives of State agencies, public in-
terest groups and others.
The regulations deal only with the
basic legal requirements. Descriptive
material will be provided in a guidance
manual for use by public water systems
and the States.
The purpose of this preamble to the
final regulations is to summarize the most
significant changes made in the proposed
regulations as a result of comments re-
ceived and the further consideration of
available information. A more detailed
discussion of the comments and of
changes in the proposed regulations is
attached as Appendix A.
Watbr Systems Covered
The Safe Drinking Water Act applies
to each "public water system," which Is
defined in Section 1401(4) of the Act as
"a system for the provision to the public
of piped water for human consumption,
if such system has at least fifteen service
connections or regularly serves at least
twenty-five individuals." Privately owned
as well as publicly owned systems are
covered. Service "to the public" Is Inter-
preted by EPA to Include factories and
private housing developments. (See gen-
erally, House Report, pp. 16-17.)
The definition of "public water sys-
tem" proposed in the Interim Primary
Drinking Water Regulations sought to
explain the meaning of the statutory
reference to "regular" service. It was
proposed to interpret this term as includ-
ing service for as much as three months
during the year. Because the proposed
definition would have excluded many
large campgrounds, lodges, and other
public accommodations which serve
large numbers of tourists but which are
open for slightly less than three months
each year, the definition in the final ver-
sion covers systems serving an average of
at least twenty-five Individuals at least
60 clays out of the year. The use of a
minimum number of days rather than
RULES AND REGULATIONS
months also makes clear that a system
may qualify as a public water system
even if it is not open every day during a
given month.
Once "public water system" has been
defined, it is necessary to define the two
major types of public water systems—
those serving residents and those serv-
ing transients or intermittent users. The
possible health effects of a contaminant
in drinking water in many cases are quite
different for a person drinking the water
for a long period of time than for a per-
son drinking the water only briefly or in-
termittently. Different regulatory con-
siderations may in some cases apply to
systems which serve residents as opposed
to systems which serve transients or in-
termittent users. Accordingly, § 141.2(e)
makes clear that all "public water sys-
tems" fall within either the category of
"community water systems" or the cate-
gory of "non-community water systems/'
To make clear which regulatory require-
ments apply to which type of system, the
category covered is specifically Indicated
throughout the regulations.
The proposed regulations defined a
"community water system" as "a public
water system which serves a population
of which 70 percent or greater are resi-
dents." Reliance in the proposed deflni-.
tion on the percentage of water system
users who are residents would result in
treating some fairly large resort com-
munities with many year-round residents
as non-community systems. Therefore,
the definition of "community water sys-
tem" has been changed to cover any sys-
tem which serves at least 15 service con-
nections used by year-round residents or
serves at least 25 year-round residents.
Small Community Water Systems
Many community water systems in the
country are quite small. Since it is the
intention of the Act to provide basically
the same level of health protection to
residents of small communities as to
residents of large cities, and since a num-
ber of advarced water treatment tech-
niques are made feasible only by eco-
nomies of scale, the cost of compliance
with the requirements of the Act may
pose a serious problem for many small
communities. The regulations seek to
recognize the financial problems of small
communities by requiring more realistic
monitoring for systems serving fewer
than 1,000 persons. Variances and ex-
emptions authorized by the Act can also
assist in dealing with eco^omic problems
of small community systems In appropri-
ate cases, at least temporarily. EPA will
provide technical assistance on effective
treatment techniques which can be used
by small systems.
These methods of dealing with the fi-
nancial problems of some small com-
munity systems may not be sufficient in
specific instances to make compliance
with all applicable regulatory require-
ments feasible, EPA is commencing a
study of potential problems faced by
small community systems in meeting ap-
plicable requirements under the Act and
these regulations, and, if necessary, win
make additional adjustments in the In-
terim Primary Drinking Water Regula-
tions prior to their effective date.
Non-Community Systems
"Non-community systems" are basic-
ally those systems which serve transients.
They include hotels, motels, restaurants,
campgrounds, service stations, and other
public accommodations which have their
own water system and which have at
least 15 service connections or serve
water to a daily average of at least 25
persons. Some schools, factories and
churches are also included in this cate-
gory. It is conservatively estimated that
there are over 200,000 non-community
water systems in the country. However, it
should be recognized that while their
number is large, they normally are not
the principal source of water for the
people they serve.
The regulations as proposed would
have applied all maximum contaminant
levels to non-community systems as well
as to community systems. This approach
failed to take into account the fact that
the proposed maximum contaminant
levels for organic chemicals and most in-
organic chemicals were based on the
potential health effects of long-term ex-
posure. Those levels are not necessary
to protect transients or intermittent
users. Therefore, the final regulations
provide that maximum contaminant
levels for organic chemicals, and for in-
organic chemicals other than nitrates,
are not applicable to non-community
systems. An exception was made for ni-
trates because they can have an adverse
health effect on susceptible infants in a
short period of time.
Even without monitoring for organic
chemicals or most inorganic chemicals,
in the initial stages of implementation
of the drinking water regulations, mon-
itoring results from tens of thousands of
non-community systems could over-
whelm laboratory capabilities and other
resources. This could delay effective im-
plementation of the regulations with re-
spect to the community systems which
provide the water which Americans
drink every day. To avoid this result,
non-community systems will be given
two years after the effective date of the
regulations to commence monitoring. In
the meantime, non-community systems
which already monitor their water are
encouraged to continue to do so, and the
States are encouraged to take appropri-
ate measures to test or require monitor-
Ins for non-community systems that
serve large numbers of people.
Of oourse, non-community systems
which pose a threat to health should be
dealt' with as quickly as possible. The
maximum contaminant levels applicable
to non-community water systems there-
fore will take effect 18 months after pro-
mulgation, at the same time as levels ap-
plicable to community systems. Inspec-
tion and enforcement authority will ap-
ply to non-community systems at the
same time as to community systems.
Sanitary Surveys
EPA encourages the States to conduct
sanitary surveys on a systematic' basis.
FEDERAL REGISTER, VOL. 40, NO. 248—WEDNESDAY, DECEMBER 94, 1975
-------
These on-site inspections of water sys-
tems are more effective in assuring safe
water to the public than individual tests
taken In the absence of sanitary surveys.
The regulations provide that monitor-
ing frequencies for coliforai bacteria can
be changed by the entity with primaiy
enforcement responsibility for an indi-
vidual non-community system, and in
certain circumstances for an individual
community system, based on the results
of a sanitary survey.
Maximum Contaminant Levels
Numerous comments were received by
EPA on the substances selected for the
establishment of maximum contaminant
levels and on the levels chosen. Congress
anticipated that the initial Interim Pri-
mary Drinking Water Regulations would
be based on the Public Health Service
Standards of 1062, and this Congres-
sional intent has been followed. Com-
ments received on the various levels did
hot contain new data sufficient to re-
quire the establishment of levels differ-
ent from those contained In the Public
Health Service Standards.
Water Consumption
The maximum contaminant levels are
based, directly or indirectly, on an as-
sumed consumption of two liters of water
Per day. The same assumption was used
in the 1982 Standards. This assumption
has been challenged because of instances
Where much higher water consumption
rates occur. EPA's Justification tor using
the two-liter figure Is that It already
represents an above average water or
water-based fluid intake. Moreover, while
the factor of safety may be somewhat re-
duced when greater quantities of water
fire Ingested, the maximum contaminant
levels based on the two-liter figure pro-
vide substantial protection to virtually
all consumers. If, as has been suggested,
a water consumption rate of eight liters
Per day is used as the basis for maxi-
mum contaminant level, all of the pro-
Posed MCL's would have to be divided by
four, greatly Increasing the monitoring
difficulties, and in some cases challeng-
ing the sensitivity of accepted analytical
Procedures. It could be expected, in such
a case, that the maximum contaminant
levels would be exceeded to a significant
degree, and that specialized treatment
techniques would be required to order
that the contaminant levels would be re-
duced. The economic Impact of a move
In this direction would be enormous. It
« not technically or economically feasi-
ble to base maximum contaminant levels
on unusually high consumption rates.
Safety Factors
A question was raised about the fact
that different safety factors are con.
tained In various maximum contaminant
levels. The levels are not intended to
nave a uniform safety factor, at least
Partly because the knowledge of and the
nature of the health risks of the various
contaminants vary widely. The levels set
are the result of experience, evaluation
of the available data, and professional
RULES AND REGULATIONS
judgment. They have withstood the test
of time and of professional review. They
are being subjected to further review by
the National Academy of Sciences in con-
nection with development of data for the
Revised Primary Drinking Water Regu-
lations.
MCL's Based on Temperature
A question was also raised as to
whether ranges of maximum contami-
nant levels should be established on the
basis of the climate in the area served
by the public water system, as was done
with fluoride. EPA believes that the use
of a temperature scale for fluoride Is
more appropriate than for other chemi-
cals because of the studies available on
the fluoride-temperature relationship
and because there is a small margin with
fluoride between beneficial levels and
levels that cause adverse health effects.
MCL's Deleted
Three proposed maximum contami-
nant levels have been eliminated in the
final regulations because they are not
justified by the available data. One of
these is carbon chloroform extract
(CCE), which is discussed separately
below. The others are the proposed levels
for the standard bacterial plate count
and cyanide. In the case of the plate
count, it is believed that the coliform
limits contained in the regulations, com-
bined with the turbidity maximum con-
taminant level, adequately deal with
bacterial contamination. However, EPA
continues to believe that the standard
plate count is a valid indicator of
bacteriological quality of drinking water,
and recommends that it be used in ap-
propriate cases in conjunction with the
coliform tests as an operational tool.
The proposed maximum contaminant
level for cyanide was eliminated because
the possibility of cyanide contamination
can be effectively addressed only by the
use of emergency action, such as under
Section 1431 of the Act. EPA's 1989 Com-
munity Water Supply Study did not
reveal a single instance in which cyanide
was present in a water system at a level
greater than one-thousandth of the level
at which cyanide is toxic to humans.
Available data indicate that cyanide
will be present in water systems at toxic
levels only in the event of an accident,
such as a spill from a barge collision.
Maximum contaminant levels are not
the appropriate vehicle for dealing with
such rare, accidental contamination,
Heptachor, heptachlor epoxide
and chlordane have also been removed
from the list of maximum contaminant
levels at least temporarily In view of the
pending cancellation and suspension
proceedings under the Federal Insecti-
cide, Fungicide and Rodentlclde Act in-
volving those pesticides. When the re-
sults of these proceedings are available,
EPA will again consider whether maxi-
mum contaminant levels should be es-
tablished for those three pesticides.
Sodium and Stjifates
A number of comments were received
on the potential health effects of sodium
r,9r,f,7
and sulfates. The National Urinking
Watpr Advisory Council has recom-
mended that consideration be given to
the monitoring of these constituents, but
has not recommended the adoption of
maximum contaminant levels because
available data do not support the adop-
tior of any specific levels. EPA has re-
quested the National Academy of Sci-
ences to include sodium and sulfates
among the contaminants to be studied
by NAS, and to include information on
the health effects of sodium and sulfates
in the report to be made by NAS in
December 1976.
Since a number of persons suffer from
diseases which are influenced by dietary
sodium intake and since there are others
who wish to restrict their sodium in-
take, it is desirable that the sodium con-
tent of drinking water be known. Those
affected can, bv knowing the sodium con-
centration in their drinking water, make
adjustments to their diets or, in extreme
cases, seek alternative sources of water
to be used for drinking and food prepara-
tion. It is recommended that the States
institute programs for regular monitor-
ing of the sodium content of drinking
water served to the public, and for in-
forming phvsicians and consumers of the
sodium concentration In drinking water.
A relativelv high concentration of sul-
fate In drinking water has little or no
known laxative effect on regular users of
the water, but transclents using such
water sometimes experience a laxative
effect. It Is recommended that the States
Institute monitoring programs for sul-
fates, and that transients be notified if
the sulfate content of the water is high.
Such notification should include an as-
sessment of the possible physiological
effects of consumption of the water.
PCB's and Asbestos
An Interagency comment expressed
concern for asbestos and PCB's in the
environment and noted the need for at
least a monitoring requirement, if not
for MCL's, for these contaminants. EPA
is also concerned, but for the moment
lacks sufficient evidence regarding ana-
lytical methods, health effects, or occur-
rence in the environment to establish
MCL's. The Agency is conducting re-
search and cooperating in research proj-
ects to develop criteria for establishing
needed limits as quickly as possible. A
monitoring study on a number of organic
chemical contaminants, including PCB's,
for which MCL's are not being estab-
lished at (his time, will be contained in
an organic chemical monitoring regula-
tion that Is being promulgated with these
regulations. Regarding asbestos, HEW
and EPA are sponsoring a number of
studies this year at an approximate cost
of $16 million to establish health effect's,
anayltical methods and occurrence.
Point or Measurement
Other comments on maximum con-
taminant levels focused on the proposed
requirement that such levels be tested
at the consumer's tap. Concern was ex-
pressed over the inability of the public
water system to control potential sources
FEDERAL HOISTED, VOl. 40, NO. J4»—WEDNISOAY, DfiCCMMR 24, 1*7$
-------
59568
of contaminants which are under the
control of the consumer.
The promulgated definition of "maxi-
mum contaminant level," 1141.2(d), re-
tains the requirement that the. maxi-
mum contaminant level be measured at
the tap except in the case of turbidity,
which should be measured at the point
of entry to the distribution system. How-
ever, the definition has been expanded
to make clear that contaminants added
to the water by circumstances under the
control of the consumer are not the re-
sponsibility of the supplier of water,
unless the contaminants result from cor-
rosion of piping and plumbing resulting
from the quality of the water supplied.
It should be noted, however, that this
requirement should not be interpreted
as to discourage local, aggressive cross
connection control measures.
Coiiform Bacteria MCL's
The promulgated MCL's for coiiform
bacteria are basically the 1952 Public
Health Service Standards, with minor
refinements and clarifications. However,
further changes may be desirable. For
example, the MCL's for the membrane
filter analytical method do not resolve
the question of how many conform bac-
teria are assumed to be present in a
single highly contaminated sample.
Some laboratories assume an upper limit
of 50, while others seek to continue to
count individual bacteria to a level of
100 or even higheT in a single sample.
The tipper limit assumed -win affect the
monthly average which is calculated to
determine compliance with the MCL's.
Another question relating to the con-
form bacteria MCL's Is the matter of
possible spurious positive samples. As the
regulations are written, fell routine sam-
ples taken to determine compliance with
the MCL's must be counted, regardless
of the results of analysis of any check
samples that may be taken. The reason
for this is that bacterial contamination
is often intermittent or transient, and as
a result negative check samples taken a
day or more after a positive sample can-
not demonstrate that the positive result
was In error. It may be possible, however,
to prescribe a means of dealing with spu-
rious positive results without compro-
mising the integrity of the MCL's.
A third question concerning the MCL's
for coiiform bacteria is the relationship
of monthly averages of coiiform bacteria
levels to monthly percentages of positive
samples. For example, the monthly av-
erage MCL for the membrane filter
method is violated if the monthly aver-
age exceeds one coiiform bacterium per
sample. However, for purposes of deter-
mining whether the monthly-percent-
age-of-positive-samples MCL is violated,
a sample is counted as positive only if It
contains more than four coiiform bac-
teria. Thus, it is possible, particularly
when a relatively small number erf sam-
ples is taken, for a system to fall' the
monthly average MCL even when no sin-
gle sample taken during the month is
out of compliance with the limit.
These and other Questions concerning
the coiiform bacteria MCL's will be re-
RULES AND REGULATIONS
viewed further by EPA. If review indi-
cates that changes in the MCL's are
desirable, those changes will be made as
soon as possible but within 6 months, in
time to take effect at the same time as
the initial Interim Primary Drinking
Water Regulations.
Organic Chemicals
The proposed maximum contaminant
levels for organic pesticides, other than
the three which are the subject of can-
cellation and suspension proceedings,
have been retained. It Is anticipated that
additional organic pesticides will be
added to the regulations if surveys of
pesticides in drinking water being con-
ducted by EPA indicate that this is
needed.
The proposed regulations also con-
tained a maximum contaminant level for
organic chemicals obtained by the carbon
chloroform extract (CCE) method. It
was anticipated by Congress that organic
chemicals would be dealt with primarily
in the Revised Primary Drinking Water
Regulations because of the paucity of ac-
curate data on the health effects of vari-
ous organic chemicals, the large number
of such chemicals, uncertainities over ap-
propriate treatment techniques, and the
need for additional Information on the
incidence of specific organic chemicals
in drinking water supplies. EPA thought
that the CCE standard might provide an
appropriate means of dealing with or-
ganic chemicals as a class pendlne action
. on the Revised Primary Regulations.
The CCE standard was originally de-
veloped as a test for undesirable tastes
and odors in drinking water. As concern
developed over the health effects of or-
ganic chemicals, the possibility of using
CCE as a health standard rather than
-an esthetic standard was considered.
As pointed out by numerous comments,
CCE has many fallings as an indicator
of health effects of organic chemicals.
To begin with, the test obtains informa-
tion on only a fraction of the total
amount of organic chemicals in the water
sampled. Furthermore, there is serious
question as to the reliability of CCE in
Identifying those organic chemicals
which are most suspected of adverse
health effects. In addition, there are no
existing data on which a specific level
for CCE can be established on a rational
basis. To establish a maximum contami-
nant level under these circumstances
would almost certainly do more harm
than good. It could give a false sense of
security to persons served by systems
which are within the established level
and a false sense of alarm to persons
served by systems which exceed the level.
It also would divert resources from
efforts to find more effective ways of
dealing with the organic chemicals
problem.
EPA believes that the intelligent
approach to the organic chemicals ques-
tion is to move ahead as rapidly as pos-
sible along two fronts. First, EPa is
adopting simultaneously with these reg-
ulations a Subpart E of Part 141, con-
taining requirements for organic chemi-
cal monitoring pursuant to Sections 1445
and 1450 of the Act.
The regulations require that desig-
nated public water systems collect sam-
ples of raw and treated water for submis-
sion to EPA for organic?; analysis. EPA
will analyze the samples for a number of
broacf organic parameters, including car-
bon chloroform extract (CCE), volatile
a"nd non-volatile total organic carbon
(VTOC and NVTOC), total organic chlo-
rine CTOC1), ultraviolet absorbancy, and
fluorescence. In addition, monitoring will
be required for probably 21 specific or-
ganic compounds. Selection of the spe-
cific compounds has been based on the
occurrence or likelihood of occurrence in
treated water, toxicity data and availa-
bility of practical analytical methods.
Laboratory analyses will be used to
evaluate the extent and nature of organic
chemical contamination of drinking
water, to evaluate the validity of the
general organic parameters as surrogates
for measures of harmful organic chemi-
cals, and to determine whether there is
an adequate basis for establishing maxi-
mum contaminant levels for specific or-
ganics or groups of organlcs.
Second, EPA is embarking on an Inten-
sive research program to find answers
to the following four questions:
1. What are the effects of commonly
occurring organic compounds on human
health?
2. What analytical procedures should
be used to monitor finished drinking
water to assure that any Primary Drink-
ing Water Regulations dealing with or-
ganlcs are met?
3. Because same of these organic com-
pounds are formed during water treat-
ment, what changes In treatment prac-
tices are required to minimize the for-
mation of these compounds in treated
water?
4. What treatment technology must
be applied to reduce contaminant levels
to concentrations that may be specified
In the Primary Drinking Water Regu-
lations?
This research will involve health-
effects and epidemiological studies, in-
vestigations of analytical methodology,
and pilot plant and field studies of or-
ganic removal unit processes. Some
phases of the research are to be com-
pleted by the end of this year, while
much of the remainder are to be com-
pleted within the next calendar year.
As soon as sufficient information is
derived from the monitoring program
and related research, the Interim Pri-
mary Drinking Water Regulations will
be amended so that the organic chemi-
cals problem can be dealt with without
delay. The monitoring process will be
completed within 1 year.
During the interim period, while sat-
isfactory MCL's for organic contamina-
tion In drinking water are being devel-
oped, EPA will act in specific cases where
appropriate to deal with organic con-
tamination. If the EPA monitoring pro-
gram reveals serious specific cases of
contamination, EPA will work with State
and local authorities to Identify the
source and nature of the problem and to
FEDIHAl HOISTED, VOL. 40, NO. 248—WEDNESDAY, DICEMBCK 14, 1975
-------
take remedial action. EPA will also aid
the States in identifying additional com-
munity water supplies that require
analysis.
Public Notice
The public notice requirements pro-
posed in S 141.32 did not distinguish be-
tween community arid non-community
public water systems. They would have
required that public notice of non-com-
pliance with applicable regulations be
made by newspaper, in water bills, and
by other media for all public water sys-
tems. These requirements are inappro-
priate and ineffective in the case of most
non-community water systems. Those
systems principally serve transients who
do not receive water bills from the sys-
tem and who probably are not exposed
significantly to the local media. A more
effective approach would be to require
notice that can inform the transient
before he drinks the system's water, and
thereby both warn the transient and
Provide an incentive to the supplier of
water to remedy the violation. Accord-
ingly, Section 141.32 as adopted provides
that in the case of non-community sys-
tems, the entity with primary etiforce.-
ment responsibility shall require that
notice be given in a form and manner
that will insure that the public using
the public water system is adequately
informed.
The proposed public notice require-
stents also failed to distinguish between
different types of violations of the In-
terim Primary Drinking Water Regula-
tions. Since the urgency and importance
of a notice varies according to the nature
of the violation involved, g 141.32 as
promulgated seeks to match the type of
notice required with the type of violation
involved. Written notice accompanying
a water bill or other direct notice by
mail is required for all violations of the
regulations, including violations of mon-
itoring requirements, and for the grant
of a variance or exemption. In addition,
notice by newspaper and notification "to
radio and television stations is required
whenever a maximum contaminant level
Is exceeded, or when the entity with
Primary enforcement responsibility re-
quires such broader notice.
Quality Control ahd Testing
Procedures
Section 1401(1) of the Act defines
"primary drinking water regulation" to
Include "quality control and testing pro-
cedures." The promulgated regulations
include testing requirements for each
Haximum contaminant level, including
check samples and special samples in
appropriate cases. The regulations also
specify the procedures to be followed In
analyzing samples for each of the maxi-
mum contaminant levels. These proce-
dures will be updated from time to time
as advances are made in analytical meth-
ods. For example, references to "Stand-
ard Methods for the Examination of
Water and Wastewater" are to the cur-
rent, 13th, edition, but these references
WIU be changed to cite the 14th edition
when It is available in the near future.
KULES AKD REGULATIONS
A lasy element of quality control for
public water .systems is accurate labora-
tory analysis. .Section 141,28 of the regu-
lations provides that analyses conducted
for the purpose oJ determining com-
pliance with maximum contaminant
levels must be conducted by a laboratory
approved by the entity with primary en-
forcement responsibility. EPA will de-
velop as soon as possible, in cooperation
with the States and other Interested
parties, criteria and procedures for lab-
oratory certification. A State with pri-
mary enforcement responsibility will
have a laboratory certified by EPA pur-
suant to the prescribed criteria and pro-
cedures. and in turn will certify labora-
tories within the State.
Record-keeping requirements and re-
ports to the State also will assist in
quality control efforts.
Record-Keeping
Adequate record-keeping is necessary
for the proper operation and administra-
tion of a public water system. It is also
important for providing information to
the public, providing appropriate data
for Inspection and enforcement activities
and providing information on which fu-
ture regulations can be based. Accord-
ingly, a new S 141.33 has been added to
the regulations to require that each pub-
lic water system maintain records of
sample analyses and of actions to correct
violations of the Primary Drinking Water
Regulations.
Economic and Cost Analysis
A comprehensive economics study has
been made of the Interim Primary Drink-
ing Water Regulations. This study esti-
mates the costs of the regulations, evalu-
ates the potential economic impact, and
considers possible material and labor
shortages. The results of this analysis are
summarized here.
Total investment costs to community
water systems to achieve compliance
with these regulations are estimated to
be between $1,0&0 and $1,165 million. It
is estimated that non-community sys-
tems will Invest an additional $24 million.
The range of the estimate Is due to un-
certainty as to the design flow that will
be used in Installing treatment facilities.
Systems not in compliance will have -to
consider sizing their new components to
reflect average daily flow conditions, or
maximum daily flow conditions in cases
where system storage is not adequate. -
This investment will be spread over
several yean. Investor-owned systems
will bear about one-fourth of these costs,
and publicly-owned systems the remain-
der. it is not anticipated that systems will
have difficulty financing these capital re-
quirements.
In annual terms, national costs are ex-
pected to be within the following ranges:
7tt millions
Capital cost* $149-347
Operation* and maintenance 808-963
Monitoring (routine only) IT- 80
Total HM-Ut
Although these aggregate figures wre
large, most water consumers will not be
59569
significantly affected. For those users in
systems serving 10,000 persons or more,
the average annual treatment cost per
capita may increase from less than $1.00
for systems requiring disinfection and
lead control, to between $15 to $35 for
control of turbidity and heavy metal re-
moval. For systems serving less than 100
persons, the average annual per capita
costs of disinfection, lead control and
fluoride/arsenic removal are estimated to
be between $2.10 and $11.80. However, if
turbidity control or heavy metal removal
were required in' a system of this size
then costs are expected to range from
$52 to $237 per year per capita. EPA is
aware of the serious potential economic
impact on users in these small systems.
However, the legislative history specifies
that the regulations should be based on
costs that can be reasonably afforded by
large metropolitan or regional systems.
Further economic evaluation of these
systems is being conducted, and realistic
options for these small systems are being
reviewed. Options that will be under con-
sideration include less costly treatment
technologies; formation of regional sys-
tems; and use of alternative water
sources. Industrial and commercial users,
whether providing their own water or
using public systems, are not expected
to be significantly affected by these
regulations.
Possible constraints to the implemen-
tation of the interim primary regula-
tions were examined. Although there
will be an increase in demand for chem-
icals, manpower, laboratories, and con-
struction of treatment facilities, it is not
anticipatedthat any of these factors will
be a serious obstacle to implementation
of these regulations over a reasonable
time frame.
For the reasons given above, Chapter
40 of the Code of Federal Regulations is
hereby amended by the addition of the
following new Part 141. These regula-
tions will take effect 18 months after
promulgation.
(It is hereby certified that the economic and
inflationary impacts of these regulations
hare been carefully evaluated lii accordance
with Executive Order 11831)
Dated: December 10, 1975.
Russell E. Train.
Administrator.
Subpart A—General
Sec.
141.1 Applicability.
141 Jt Definitions.
141.3 Coverage.
141.4 Variances and exemptions.
141.6 Biting requirements.
141.6 Effective date.
Subpart 8—Maximum Contaminant Level*
141.11 Matlrmim contaminant levels for
Inorganic chemicals.
141.13 Maximum contaminant levels for
organic chemicals.
1*1 .IS Maximum contaminant levels for
turbidity.
141.14 Maximum microbiological contami-
nant level*.
Subpart C—Monitoring and Analytical
KecrufraincnU
141.31 Microbiological oontamlnant sam-
pling and analytical requirements.
FEDERAL RKMITM, VOL. 40, NO, 241—WIDNMDAY, DECEMSH 24, 197S
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59570
RULES AND REGULATIONS
Sec.
141.22 Turbidity sampling and analytical
requirements.
141.23 Inorganic chemical sampling and
analytical requirements.
141.24 Organic chemical sampling and
analytical requirements.
141.27 Alternative analytical techniques.
141.28 Approved laboratories.
141.29 Monitoring of consecutive publlo
water systems.
Subpart D—Reporting, Public Notification, and
Record-keeping
141.31 Reporting requirements.
141.32 Public notification of variances, ex-
emptions, and non-compliance
with regulations.
141.33 Record maintenance.
Authority: Sees. 1412,1414,1445, and 1460
of the Public Health Service Act, 88 Stat. 1660
(43 XJ.S.C. 300g-l, 300g-3, 300J-4, and 3OOJ-0).
g 141.1
Subpart A—General
Applicability.
This part establishes primary drinking
water regulations pursuant to section
1412 of the Public Health 8ervice Act, as
amended by the Sale Drinking Water
Act (Pub. L. 83-523); and related regula-
tions applicable to public water systems.
8 141.2 Definitions.
As used in this part, the term:
(a) "Act" means the Public Health
Service Act, as amended by the Safe
Drinking Water Act. Pub. L. 93-523.
(b) "Contaminant" means any physi-
cal, chemical, biological, or radiological
substance or matter in water.
(c) "Maximum contaminant level"
means the maximum permissible level of
a contaminant in water which is de-
livered to the free flowing outlet of the
ultimate user of a public water system,
except in the case of turbidity where the
maximum permissible level is measured
at the point of entry to the distribution
system. Cbntaminants added to the water
under circumstances controlled by the
user, except those resulting from corro-
sion of piping and plumbing caused by
water quality, are excluded from this
definition.
(d) "Person" means an individual,
corporation, company, association, part-
nership, State, municipality, or Federal
agency.
(e) "Public water system" means a
system for the provision to the public
of piped water for human consumption,
if such system has at least fifteen service
connections or regularly serves an aver-
age of at least twenty-five individuals
daily at least 60 days out of the year.
Such term includes (1) any collection,
treatment, storage, and distribution fa-
cilities under control of the operator of
such system and used primarily in con-
nection with such system, and (2) any
collection or pretreatment storage facili-
ties not under such control which are
used primarily in connection with such
system. A public water system Is either
a "community water system" or a "non-
community water system."
(i) "Community water system" means
a public water system which serves at
least 15 service connections used by year-
round residents or regularly serves at
least 25 year-round residents.
(ii) "Non-community water system"
means a public water system that is not
a community water system.
,3,4,8,6-hexachloro- 0.004
cycioh^xane, gamma isomer).
Methoxychlor (1,1,1-Trlchloro- 0.1
2. a - bis (p-methoxyphenyl]
ethane).
Toxaphene (C10Ht0Cl,-Technlcal 0.008
chlorinated camphene, 67-69
percent chlorine).
FEDERAL REGISTER, VOL. 40, NO. 341—WEDNESDAY, DECEMiER 34, 1975
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RULES AND REGULATIONS
59571
(b) Cblorophenoxys:
2,4 - Q, (2,4-DlchlQrophenoxyace- 0.I
tic acid).
3,4.5-TF Stive* (3,4,5-Trlchloro- 0.01
phenoxjrproplonlc acid).
6 141.13 Maximum contaminant level*
for turbidity.
The maximum contaminant levels for
turbidity are applicable to both commu-
nity water systems find non-community
water systems using surface water
sources In whole or in part. The maxi-
mum contaminant levels for turbidity
In drinking water, measured at a repre-
sentative »ntry point (s) to the distribu-
tion system, are:
(a) One turbidity unit (TU), as de-
termined by a monthly average pursuant
to £ 141.22, except that five or fewer
turbidity units may be allowed If the
supplier of water can demonstrate to the
State that the higher turbidity does not
do any of the following:
<1) Interfere with disinfection;
(2) Prevent maintenance of an effec-
tive disinfectant agent throughout the
distribution system; or
(3) Interfere with microbiological
determinations,
(b) Five turbidity units based on an
average for two consecutive days pursu-
ant to S 141.22.
§ 141.14 Maximum microbiological con-
taminant levels.
The maximum contaminant levels for
coliform bacteria, applicable to com*
munity water systems and non-com-
munity water systems, are as follows.'
(a) When the membrane filter tech-
nique pursuant to {141.21(a) is used,
the number of coliform bacteria shall
not exceed any of the following:
<1> One per 100 milliliters as the
arithmetic mean of all samples examined
per month pursuant to S 141-21 (b) or
(e);
(2) Pour per 100 milliliters in more
than one sample when leu than 20 are
examined per month; or
(3) Four per 100 milliliters in more
than five percent of the samples when
20 or more are examined per month.
(b)(1) When the fermentation tube
method and 10 milliliter standard por-
tions pursuant to 1141.21(a) are used,
coliform bacteria shall not be present in
any of the following:
(1) more than 10 percent of the por-
tions in any month pursuant to {141.21
(b) or (c);
1 to 4,890,000 490
4,690,001 or more.. 500
Based on a history of no coliform bac-
terial contamination and on a sanitary
survey by the state showing the water
system to be supplied solely by a pro-
tected ground water source and free of
sanitary defects, a community water sys-
tem serving 25 to 1,000 persons, with
written permission from the State, may
reduce this sampling frequency except
that in no case shall it be reduced to less
than one per quarter.
(c) The supplier of water for a non-
community water system shall sample for
coliform bacteria In each calendar quar-
ter during which the system provides
water to the public. Such sampling shall
begin within two years after the effective
date of this part. If the State, on the
basis of a sanitary survey, determines
that some other frequency is more appro-
priate, that frequency shall be the fre-
quency required under these regulations.
Such frequency Khali be confirmed or
changed on the basis of subsequent
surveys.
(d) (1) When the coliform bacteria in a
single sample exceed four per 100 milli-
liters ((141.14 (a) >, at least two consecu-
tive daily check samples shall be collected
and examined from the same sampling
point. Additional check samples shall be
collected daily, or at a frequency estab-
KDIRAL RIOISTtR, VOL. 40, NO. 141—WIDNISDAY, MCtMMtt 24, W5
-------
lishcd by the State, until the results ob-
tained from at least two consecutive
check samples show less than one con-
form bacterium per 100 milliliters.
t2> When coliform bacteria occur in
three or more lQ.ml portions of a single
sample (§ 141.14(b) (1)), at least two
consecutive daily check samples shall be
collected and examined from the same
sampling point. Additional check samples
shall be collected dally, or at a frequency
established by the State, until the results
obtained from at least two consecutive
check samples show no positive tubes.
(3) When coliform bacteria occur in all
five of the 100 ml portions of a single
sample (§ 141.14(b) (2) >, at least two
daily check samples shall be collected
and examined from the same sampling
point. Additional check samples shall be
collected dally, or at a frequency estab-
lished by the State, until the results ob-
tained from at least two consecutive
check samples show no positive tubes.
(4) The location at which the check
samples were taken pursuant to para-
graphs (d) (1), (2). or (3) of this section
shall not be eliminated from future sam-
pling without approval of the State. The
results from all coliform bacterial analy-
ses performed pursuant to this subpart,
except those obtained from check sam-
ples and special purpose samples, shall be
used to determine compliance with the
maximum contaminant level for coliform
bacteria as established in S 141.14. Check
samples shall not be included in calculat-
ing the total number of samples taken
each month to determine compliance
with S 141.21 (b) or (c).
(e) When the presence of coliform
bacteria in water taken from a particular
sampling point has been confirmed by
any check samples examined as directed
in paragraphs (d) (1), (2), or (3) of this
section, the supplier of water shall re-
port to the State within 48 hours.
(f) When a maximum contaminant
level set forth in paragraphs (a>, (b) or
(c) of S 141.14 Is exceeded, the supplier
of water shall report to the State and
notify the public as prescribed in 8 141.31
and g 141.32.
(g> Special purpose samples, such as
those taken to determine whether dis-
infection practices following pipe place-
ment, replacement, or repair have been
sufficient, shall not be used to determine
compliance with 8 141.14 or { 141.21 (b)
or (c>.
(h) A supplier of water of a com-
munity water system or a non-com-
munity water system may, with the
approval of the State and based upon a
sanitary survey, substitute the use of
chlorine residual monitoring for not more
than 78 percent of the samples required
to be taken by paragraph (b) of Oils
section, Provided, That the supplier of
water takes chlorine residual samples at
points which are representative of the
conditions within the distribution sys-
tem at the frequency of at least four for
each substituted microbiological sample.
There shall be at least daily determina-
tions of chlorine residual. When the sup-
plier of water exercises the option pro-
vided in this paragraph (h) of this
section, he shall maintain no less than
RULES AND REGULATIONS
0.2 mg/1 free chlorine throughout the
public water distribution system. When a
particular sampling point has been
shown to have a free chlorine residual
less than 0.2 mg/1, the water at that loca-
tion shall be retested as soon as prac-
ticable and in any event within one hour.
If the original analysis is confirmed, this
fact shall be reported to the State within
48 hours. Also, if the analysis Is con-
firmed, a sample for coliform bacterial
analysis must be collected from that
sampling point as soon as practicable and
preferably within one hour, and the re-
sults of such analysis „ reported to the
State within 48 hours "after the results
are known to the supplier of water.
Analyses for residual chlorine shall be
made in accordance with "Standard
Methods for the Examination of Water
and Wastewater," 13th Ed., pp. 129-132.
Compliance with the maximum con-
taminant levels for coliform bacteria
shall be determined on the monthly mean
or quarterly mean basis specified in
8 141.14, including those samples taken
as a result of failure to maintain the re-
quired chlorine residual level. The State
may withdraw Its approval of the use of
chlorine residual substitution at any
time.
§ 141.22 Turbidity sampling and an-
alytical requirements.
< a) Samples shall be taken by suppliers
of water for both community water sys-
tems and non-community water systems
at a representative entry point (s) to the
water distribution system at least once
per day, for the purpose of making tur-
bidity measurements to determine com-
pliance with 1141.13. The measurement
shall be made by the Nephelometric
Method in accordance with the recom-
mendations set forth in "Standard Meth-
ods for the Examination of Water and
Wastewater," American Public Health
Association, 13th Edition, pp. 350-353, or
"Methods for Chemical Analysis of
Water and Wastes," pp. 286-298, En-
vironmental Protection Agency, Office of
Technology Transfer, Washington, D.C.
20460,1974.
(b) If the result of a turbidity analysis
indicates that the maximum allowable
limit has been exceeded, the sampling
and measurement shall be confirmed by
resampling as soon as practicable and
preferably within one hour. If the repeat
sample confirms that the maximum al-
lowable limit has baen exoeeded, the sup-
plier of water shall report to the State
within 48 hours. The repeat sample shall
be the sample used for the purpose of
calculating the monthly average. If the
monthly average of the dally samples
exceeds the maximum allowable limit, or
if the average of two samples taken on
consecutive days exceeds 5 TU, the sup-
plier of water shall report to the State
and notify the public as directed in
8 141.31 and 1141.32.
(c) Sampling for non-oommunity
water systems shall begin within two
years after the effective date of this part.
(d) The requirements of this 8141.22
shall apply only to public water systems
which use water obtained in whole or in
part from surface sources.
§ 141.23 Iiiurguiiic chemical KumpliiiK
und analytical requirements.
(a) Analyses for the purpose of de-
termining compliance with § 141.11 are
required as follows:
(1) Analyses for all community water
systems utilizing surface water sources
shall be completed within one year fol-
lowing the effective date of this part.
These analyses shall be repeated at
yearly intervals.
(2) Analyses for all community water
systems utilizing only ground water
sources shall be completed within two
years following the effective date of this
part. These analyses shall be repeated
at three-year intervals.
(3) For non-community water systems,
whether supplied by surface or ground
water sources, analyses for nitrate shall
be completed within two years following
the effective date of this part. These
analyses shall be repeated at intervals
determined by the State.
(b) If the result of an analysis made
pursuant to paragraph (a) indicates that
the level of any contaminant listed in
I 141.11 exceeds the maximum contam-
inant level, the supplier of water shall
report to the State within 7 days and
initiate three additional analyses at the
same sampling point within one month.
(c) When the average of four analyses
made pursuant to paragraph (b) of this
section, rounded to the same number of
significant figures as the maximum con-
taminant level for the substance in ques-
tion, exceeds the maximum contaminant
level, the supplier of water shall notify
the State pursuant to 8 141.31 and give
notice to the public pursuant to S 141.32.
Monitoring after public notification shall
be at a frequency designated by the State
and shall continue until the maximum
contaminant level has not been exceeded
in two successive samples or until a mon-
itoring schedule as a condition to a
variance, exemption or enforcement ac-
tion shall become effective.
(d) The provisions of paragraphs (b>
and (c) of this section notwithstanding,
compliance with the maximum contam-
inant level for nitrate shall be determined
on the basis of the mean of two analyses.
When a level exceeding the maximum
contaminant level for nitrate is found,
a second analysis shall be Initiated within
24 hours, and if the mean of the two
analyses exceeds the maximum contam-
inant level, the supplier of water shall
report his findings to the State pursuant
to 8 141.31 and shall notify the public
pursuant to 8 141.32.
(e) For the initial analyses required
by paragraph (a)(1), (2) or (3) of this
section, data for surface waters acquired
within one year prior to the effective date
and data for ground waters acquired
within 3 years prior to the effective date
of this part may be substituted at the
discretion of the State.
(f) Analyses conducted to determine
compliance with 8 141.11 shall be made
in accordance with the following
methods:
(1) Arsenic—Atomic Absorption Meth
od, "Methods for Chemical Analysis of
Water and Wastes," pp. 95-96, Environ
FIOERAl REGISTER, VOL. 40, NO. 241—WEDNESDAY, DECEMBER 24, 1975
-------
mental Protection Agency, Office of
Technology Transfer, Washington, D.C.
20460,1974.
(2) Barium—Atomic Absorption Meth-
od, "Standard Methods for the Exami-
nation of Water and Wastewater," 13th
Edition, pp. 210-215, or "Methods for
Chemical Analysis of Water and Wastes,"
PP. 97-98, Environmental Protection
Agency, Office of Technology Transfer,
Washington, D.C. 20460, 1974.
(3) CadmiunwAtomlc Absorption
Method, "Standard Methods for the Ex-
amination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods
for Chemical Analysis of Water and
Wastes," pp. 101-103, Environir">
technique may be employed. An alterna-
tive technique shall be acceptable only
if it is substantially equivalent to the
prescribed test in both precision and ac-
curacy as it relates to the determination
of compliance with any maximum con-
taminant level. The use of the alterna-
tive analytical technique shall not de-
crease the frequency of monitoring re-
quired by this part.
§ 141.28 Approved laboratories.
For the purpose of determining com-
pliance with § 141.21 through § 141.27,
samples may be considered only if they
have been analyzed by a laboratory ap-
proved by the State except that meas-
urements for turbidity and free chlorine
residual may be performed by any per-
son acceptable to the State.
§ 111.29 Monitoring of consecutive
lic water systems.
When a public water system supplies
water to one or more other public water
systems, the State may modify the moni-
toring requirements imposed by this
part to the extent that the interconnec-
ion of the sysems jusifles treating them
as a single system for monitoring pur-
poses. Any modified monitoring shall be
conducted pursuant to a schedule speci-
fied by the State and concurred in by the
Administrator of the U.S. Environmental
Protection Agency.
Subpart D—Reporting, Public Notification
and Record Keeping
§141.31 Reporting requirements.
(a) Except where a shorter reporting
period is specified in this part, the
supplier of water shall report to the State
within 40 days following a test, measure-
ment or analysis required, to be made by
this part, the results of that test, meas-
urement or analysis.
The supplier of water is not re-
quired to report analytical results to the
State in cases where a State laboratory
performs the analysis and reports the
results to the State office which would
normally receive such notification from
the supplier.
§ 141.32 Public notification.
(a) If a community water system fails
to comply with an applicable maximum
contaminant level established in Subpart
B, fails to comply with an applicable
testing procedure established in Subpart
C of this part, is granted a variance or
an exemption from an applicable maxi-
mum contaminant level, fails to comply
with the requirements of any schedule
prescribed pursuant to a variance or ex-
emption, or fails to perform any moni-
toring required pursuant to Section 1445
(a) of the Act, the supplier of water shall
notify persons served toy the system of
the failure or grant by Inclusion of a no-
tice in the first set of water bills of the
system issued after the failure or grant
FEDERAL REGISTER) VOl. 40, NO. 248—WEDNESDAY, DECEMBER 24, 1975
-------
59574
and in any event by written notice within
three months. Such notice shall be re-
peated at least once every three months
so long as the system's failure continues'
or the variance or exemption remains in
effect. If the system issues water bills less
frequently than quarterly, or dods not
issue water bills, the notice shall be made
by or supplemented by another form of
direct mail.
(b) If a community water system has
failed to comply with an applicable max-
imum contaminant level, the supplier of
water shall notify the public of such fail-
ure, in addition to the notification re-
quired by paragraph (a) of this section,
as follows:
(1) By publication on not less than
three consecutive days in a newspaper or
newspapers of general circulation in the
area served by the system. Such notice
shall be completed within fourteen days
after the supplier of water learns of
the failure.
(2) By furnishing a copy of the notice
to the radio and television stations serv-
ing the area served by the system. Such
notice shall be furnished within seven
days after the supplier of water learns
of the failure.
(c) If the area served by a community
water system is not served by a daily
newspaper of general circulation, notifi-
cation by newspaper required by para-
graph (b> of this section shall instead be
given by publication on three consecutive
weeks in a weekly newspaper of general
circulation serving the area. If no weekly
or daily newspaper of general circula-
tion serves the area, notice shall be given
by posting the notice in post offices with-
in the area served by the system.
Cd) If a non-community water sys-
tem fails to comply with an applicable
maximum contaminant level established
in Subpart B of this part, fails to comply
with an applicable testing procedure
established in Subpart C of this part, is
granted a variance or an exemption from,
an applicable maximum contaminant
level, fails to comply with the require-
ment of any schedule prescribed pursu-
ant to a variance or exemption or fails to
perform any monitoring required pursu-
ant to Section 1445 of the Act. the
supplier of water shall given notice of
such failure or grant to the persons
served by the system. The form and man-
ner of such notice shall be prescribed by
the State, and shall insure that the
public using the svstem is adequately in-
formed of the failure or grant.
(e) Notices given pursuant to this sec-
tion shall be written in a manner reason-
ably designed to inform fully the users
or the system. The notice shall be con-
spicuous and shall rot use unduly tech-
nical language, unduly small print or
other methods which would frustrate the
purpose of the notice. The notice shall
disclose all material facts regarding the
subject including the nature of the prob-
lem and. when appropriate, a clear state-
ment that a primary drinking water
regulation has been violated and any pre-
ventive measures that 6hould be taken by
the public. Where appropriate, or where
designated by the State, bilingual notice
shall be given. Notices may include a bal-
rcxr..u teg
RULES AND REGULATIONS
anced explanation of the significance or
seriousness to the public health of the
subject of the notice, a fair explanation
of steps taken by the system to correct
any problem and the results of any addi-
tional sampling.
(f) Notice to the public required by
this section may be given by the State on
behalf of the supplier of water.
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TIESMV, JMUARY 20, 1976
ENVIRONMENTAL
PROTECTION
AGENCY
State Public Water System
Supervision Projrom Granfy
and
National Interim Primary
Drinking Water Regulations
Implementation
PART I!:
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2912
RU1.ES and regulations
Title 44—Protection of Environment
CHAPTER I—ENVIRONMENTAL
PROTECTION AQENCY
(FRL 168-2]
PART 35—STATE AND LOCAL
ASSISTANCE
State Public Water System Supervision
Program Grants
On August 7, 1975, the Environmental
Protection Agency (EPA) proposed State
Public Water System Supervision Pro-
gram Grant Regulations pursuant to
Sections 1443 and 1450 of the Public
Health Service Act ("the Act") as
amended by the Sale Drinking Water Act
("SDWA," P.L. 93-623) 40 FR 33224, EPA
held public hearings on the proposed reg-
ulations in Ban Francisco and Washing-
ton, D.C. during September. Comments
have been received from the National
Drinking .Water Advisory Council, the
Conference of State Sanitary Engineers
and many State water supply agencies,
the Environmental Defense Fund, the
Citizen's Drinking Water Coalition and
the League of Women Voters.
This preamble to the final regulations
summarizes some of the significant Issues
discussed in the comments. A more de-
tailed discussion of the comments is at-
tached as Appendix A.
Regulation format. The grant regula-
tions have been restructured to produce
a more logical arrangement of sections.
This new format is easier to follow and
will make the regulations easier to un-
derstand. This change in itself does not
produce any substantive changes in
meaning to the regulations. Substantive
changes are discussed below and in Ap-
pendix A to the grant regulations.
Allocation formula. Proposed | 35.610
(now 4 35,605] allotted available grant
funds among the States on the basis oi
population (30 percent weight factor),
land area (10 percent weight factor) and
number of water systems Identified on
EPA Inventory forms as serving com-
munities, company towns, mobile home
parks or institutions (60 percent weight
factor). Sixteen comments were received
on the proposed allocation formula, ten
of them in favor of the proposal.
It has been decided to use the pro-
posed allocation formula, with some mi-
nor language changes. As indicated in the
preamble to the proposed regulations,
current inventory information on public
water systems, particularly non-commu-
nity systems, is not as complete or as
accurate as could be desired. The best
available information on water system
Inventories is the data supplied to EPA
by the States on systems serving com-
munities. company towns, mobile home
parks or institutions. The Agency plans
to revise the allocation formula when
new inventory data become available In
the future.
Retponsibility for laboratory costs.
The proposed regulations listed the op-
eration of Btate laboratory facilities as
one of the program elements for which
grant funds can be spent. The preamble
to the proposed regulations pointed out
this element authorized the use of grant
funds to analyze routine monitoring
samples for public water systems without
charge, or with a charge below the
State's cost. A number oi comments were
received on this Issue, some supporting
the proposal not to restrict the use of
grant fluids for laboratory operations
and others favoring a restriction against
routine analysis for public water systems.
As indicated in the discussion of eligi-
ble coats in the preamble to the proposed
grant regulations, 40 FR 33225, EPA be-
lieves that routine monitoring should
become the responsibility of public water
systems. Some States provide this mon-
itoring service for some systems, es-
pecially systems serving small com-
munities. EPA believes that such costs
should be transferred to the public water
systems as quickly as feasible. However,
no limitation on the use of grant fluids
for routine monitoring Is being included
in the grant regulations. If experience
later indicates that a restriction is de-
sirable. States which provide routine
sample analysis for public water systems
will be given ample time to phase out
their programs or find additional fund-
ing.
Public participation. The Agency re-
ceived a number of comments urging the
adoption of additional public participa-
tion requirements in the Drinking Water
Implementation Regulations and in the
Grant Regulations. As discussed in the
preamble to the Implementation Regula-
tions, a number of changes have been
made in those regulations to facilitate
public participation in State drinking
water programs and in EPA hearings
affecting State programs and Individual
public water systems. In the Grant Reg-
ulations. a new program element has
been added, 5 35.026-1 (j), to make clear
that grant funds may be used to en-
courage. and to respond to, informed
public involvement in the planning and
conduct of the State program.
One suggestion on public participation
which the Agency has not accepted is the
suggestion that a State be required to
have a public hearing or particular type
of public participation in the prepara-
tion of each year's grant application. Al-
though EPA urges the States to encour-
age full public participation in the
development of their State programs, to
Impose a specific requirement with
respect to grant applications would be
inconsistent with the concept of allow-
ing the States flexibility in developing
grant applications Within the context of
broad Federal requirements.
State program grants. Section 35.613
(b) of the proposed regulations provided
that no grant could be made to a State
for any fiscal year subsequent to the fiscal
year of the State's first grant unless the
State had assumed and was maintaining
primary enforcement responsibility. It
was pointed out that the Safe Drinking
Water Act does not prohibit the award
of a second program grant to a State
Within 12 months of the first grant
Award, even if the State does not have
primacy at that time. The Agency con-
curs with this observation and believes
that It will provide added flexibility for
the implementation of State programs,
rrhe final regulations have been revised
$o permit the second award. This will
help to assure that there will not be an
unfunded gap between the first and
eecond grant and allow States to take
advantage of their 1977 legislative ses-
sions, as applicable, to acquire the neces-
sary statutory authority for primacy.
The additional language makes clear
that in order to qualify for the second
award, a State must demonstrate that it
Is moving toward early assumption of
primacy.
The Agency has received $7.5 million
in program grant funds for Fiscal Year
1976. A discussion of the costs of State
drinking water programs is contained in
the preamble and Appendix B to the
Drinking Water Implementation Regu-
lations. promulgated concurrently with
these grant regulations,
Comments. This Subchapter will be
amended from time to time to establish
new or Improved grant policies and pro-
cedures to simplify and abbrevate grant
application procedures, to simplify and
standardize grant conditions and related
requirements, to include or provide for
statutory changes and to improve Agency
and grantee administration of grants.
Therefore, public comment is solicited on
a continuous baste and may be addressed
to the Director, Grants Administration
Division, Environmental Protection
Agency, Washington, D.C. 20460.
For the reasons given above, Chapter
40 of the Code of Federal Regulations is
uereby amended by adding the follow-
ing new sections to Part 35. Hie effective
date of these new regulations is Janu-
ary 20, I&76.
Dated: December 24, 1975.
Russell E. Train,
Administrator.
The following new §§ 35.600 through
35.630 are added to Subpart B of 40 CPR
Part 35.
Grants fob State Public Water System
Supervision Pkogramb
Sec.
36.600 Scope and Purpose
36.003 Definitions,
S5 605 Determination of Allotments.
35.606-1 Notification of Allotments and Re-
al totmenu.
35.A07 Rate of Fedora] Assistance.
35.611 Application for Grant.
35.611-1 State Program Plan/Grant sub-
mission.
36.613 Limitation on Grant Award.
36 820 Allowable Costs.
35.622 Budget Period.
36.624 Reduction of Grant Amount.
36.638 State Program Plan.
36.620-1 Program Elements of a Public Wa-
ter System Supervision Program.
36.626-2 Regional Administrator's Action on
Grant Application.
36 628 Program Limitations.
S6.630 Assignment of Personnel.
Authority : Sees. 1443 and 1450 of Pi.
03-523, 88 Stat. ldGO (43 U.3.C. 3001-2 and
300J-8).
FEDEX AI RECiSTM, VOL. 41, NO. 13—TUESDAY, JANUARY 20, 1974
-------
Grants rat Siatk Pueuv. 'Vatir System
BtrpiRVisioN Programs
S 35.600 Scope and Purpose.
Sections 35.600 through 35.630 estab-
lish regulations and procedures for pro-
viding program grant funds to the States
for the development and administration
of public water system supervision pro-
grams as authorized by Section 1443(a)
of the Public Health Service Act. These
regulations are Intended to foster devel-
opment of State program plans and pro-
grams to assist in Implementing Title
XIV of the Act (added by the Safe Drink-
ing Water Act). This subpart supple-
ments EPA General Grant Regulations
and procedures set forth in Part 30 of
this chapter.
8 35.603 Definitions.
As used In this part, and except as
otherwise specifically provided:
(a) "Act" means the Public Health
Service Act.
(b> "Allotment" means the sum re-
served for each State from funds ap-
propriated by Congress. The allotment
represents the maximum amount of
funds potentially available to each State
from each annual appropriation.
(c) "Public water system" means a
system for the provision to the public
of piped water for human consumption,
if such system has at least fifteen serv-
ice connections or regularly serves an
average of at least twenty-five individ-
uals daily at least 80 days out of the
year. Such term Includes (1) any collec-
tion, treatment, storage, and distribution
facilities under control of the operator of
such system and used primarily In con-
nection with such system, and (2) any
collection or pre treatment storage facil-
ities not tinder such control which are
used primarily In connection with such
system.
Institution
For Fiscal Year 76 grants the number
of public water systems for each State
will be determined from inventory data
which has been submitted to EPA on or
before August 1,1875.
(b) Initial allotments established for
the States based on the weighted ratios
in (a) will be adjusted as follows:
(1) State allotments (except for Guam,
American Samoa, and the Virgin Is-
lands) shall not be less than one percent
of the appropriation.
(2) Allotments for 'Guam, American
Samoa, and the Virgin Islands shall not
be less than one-third of one percent of
the appropriation.
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2914
•Ion program. The letter should desig-
nate the State agency to receive the grant
and to be responsible for conducting the
public water system supervision pro-
gram. The letter should also affirm the
State's Intent to assume within one year
from the approval of the initial grant
primary enforcement responsibility In
accordance with the requirements of Part
142, Subpart B of this chapter.
(d) For Fiscal Year 1977, or any later
Fiscal Year submit a preliminary 'draft)
plan to the Regional Administrator no
later than 90 days prior to the start of
the Federal Fiscal Year.
fe> For Fiscal Year 1977, or any later
Fiscal Year submit an application
which includes the annual State pro-
gram plan submission for grant award
to the Regional Administrator no later
than 30 days prior to the start of the
Federal Fiscal Year.
8 35.613 Limitation on Grant Award.
(a) Notwithstanding any other pro-
Vision of this part, the Regional Ad-
ministrator may not approve an appli-
cation of a State for its Initial grant to
carry out a public water system supervi-
sion program unless he determines that
the State (1) has established or will
establish within one year from the effec-
tive date of the grant a public water
system supervision program, and (2)
will within that one year, assume pri-
mary enforcement responsibility for
public water systems within the State.
(See 142.10 through 142.16 of this
chapter.)
(b> Notwithstanding any other provi-
sion of this part, no grant may be made
to a State for any period beginning more
than 12 months after the date of ap-
proval of the State's initial grant unless
the State has assumed and maintains
primary enforcement responsibility for
public water systems within the State.
(See If 142.10 through 142.16 of this
chapter.)
(c) H a second grant is made to a
State for a period beginning less than
12 months after the date of approval of
the State's Initial grant, the State grant
application shall Include a schedule list-
ing the requirements for assumption of
primary enforcement responsibility set
forth In J 142.10. The schedule Eh all In-
dicate which requirements have been
met by the State, when requirements not
met are expected to be met, and when
the State expects to file its application
for primary enforcement responsibility
pursuant to f142.11. The Regional Ad-
ministrator shall consider the State's
progress toward assuming primary en-
forcement responsibility In granting
funds to the State.
(d) No grant will be awarded if it is
determined by the Regional Administra-
tor that Federal grant funds win sup-
plant, rather than supplement, non-Fed-
eral funding committed to public water
system supervision efforts by the State.
8 35.620 Allowable Carta.
Allowable costs shall be determined in
accordance with f 30.705 of this chapter
RULES AND REGULATIONS
and by showing that the costs are reason-
able and proper for carrying out an ap-
proved grant program.
§ 35.622 Budget Period.
The budget period of the grant shall
be for the Federal Fiscal Year.
§ 35.624 Reduction of Granl Amount.
(a) If the Regional Administrator de-
termines that the grantee has substan-
tially failed or will fail to achieve t'ne
planned accomplishments, the grant
amount may be reduced accordingly.
This money will be available for ;is<: it
accordance with § 35.605-1 (d).
(b) A State agency shall be notified
prior to any reduction, pursuant to para-
graph Ca) of this section, in the amount
of Federal support to that agency. This
notification shall include the reasons for
reduction and, if appropriate, what
steps the agency must take to regain
funding including the time frame within
Which the steps must be taken.
§ 35.626 State Program P!nn.
Any State wishing to apply for a grant
shall prepare and submit to the Regional
Administrator for approval a program
plan which satisfies the requirements of
this section and contains planned ac-
complishments. This program plan is
Part IV of the Grant Application. (See
5 35.611-1;. A State may include in
the plan submitted to the Regional Ad-
ministrator any program element listed
in S 35.626-1, and any other program ele-
ment if the State can demonstrate that
such other program element Is appropri-
ate for the conduct of Its public, water
system supervision program. The essence
of the State plan is to relate the utiliza-
tion of available resources (both Federal
and non-Federal) to the achievement of
expected accomplishments. The program
plan shall describe how the planned ac-
complishments address the problems in
the State and are consistent with the ob-
jectives of the Act. Information on the
program elements contained in each
State's submission shall be presented In
summary form and shall Include:
-------
Including dineases associated with chemi-
cal contaminants.
(j) Public Participation. Activities
conducted by the State to ensourage in-
formed public involvement Jn the plan-
ning and conduct of th" State public
vater system supervision program, and
establishment of a system for handling
citizen complaints.
(k) Other.
§ 33.626—2 Regional Administrator's Ac-
tion on Gram Application.
(a> Each State's final grant applica-
tion and program plan shall be ap-
proved or disapproved by Hip Regional
Administrator within,45 days of receipt.
ib) Should the Regional Administra-
tor's evaluation of the final grant ap-
plication reveal that the planned ac-
complishments are not consistent with
the level of funding requested, he shall
negotiate with the State either to in-
crease the planned accomplishments or
to reduce the grunt amount. Funds freed
by this procedure will remain within the
region to be available for use In accord-
ance with 5 35.605-1 (d).
§ 35.620 Program Limitations,
The provisions of 55 35.600-630 shall
not apply to any part of a public water
system supervision program for a pub-
lic water system which meets all of tbe
following conditions:
(at which consists only of distribution
and storage facilities (and does not have
any collection and treatment faculties';
(b) which obtains all of its water
from, but Is not owned or operated by,
a public water system to which such
regulations apply;
(c> which does not sell water to any
person; and
(d) which is not a carrier which con-
veys passengers in interstate commerce.
§ 33.630 Assignment of Personnel.
Upon the written request of a State
agency, the Regional Administrator may
assign personnel of the Agency to such
State agency pursuant to Section 1480(c>
of the Act. As provided by Office of Man-
agement and Budget Circular A-9*7 the
State agency must reimburse the Agency
for the salaries and all other identifiable
direct or indirect cost of providing the
personnel. ,
Appendix A
Proposed grants tor Stat# Public Water
System Supervision Programs were pub-
lished for comment on August 7, 1975. to
PR 33234. Written comments on the pro-
posed regulations were Invited and public
bearings wore held In San Francisco and
Washington, D.C. Seventy-two written or
oral submissions were received.
As a result of these comments and fur-
ther consideration by EPA, a number of
changes have been made to the proposed
regulations. Comments on three major
Issues we summarized in the preamble to
the final regulations. This Appendix A to
the final regulations discusses these end
other comments and EPA's response to those
comments.
I. General comments. In addition to upeelflc
comments received on the grant regulations,
many general comments wen» received
regarding the grant regulations and the other
RUICS AND REGULATIONS
regulations bflr>£ developed pursuant' to the
Act. A number of commeni® expressed ft need
for Federal rt-jjulatinn cf drinking water and
supported string Federal regulations In this
area. Some comments expressed a general
feeling th£t the proposed regulations were
too stringent. Jt was noted In the comments
Ih&t the Beniona! Admlnl.strf.tors will exer-
cise a jtreat cieai of authority under the regu-
lations, but thai not all necessary authority
aa 'onv.aliy delegated t<, them. The Office
of Water -Supply Is In the process of drafting
an EPA orclt'r on delegation of authority
ur.cer the Safe Drinking Water Act. When
the order is completed, it will be available to
t:ie 3' It''.? and general public upon request.
II. i4out(n<", serriplfl ano!i,s;.i .voji The
; ,-carabje to fan proposed regulations pointed
out that the proposed regulations authorized
the use of grant funds to urudyae routine
monitoring samples for public water systems
without ciiarge. The preamble also ashed for
"com;:,i'.-"-? * * * on the manner tn which,
an rovtloe monitoring costs may he meat ex-
peditiously transferred from the States to the
public water systems."
Si* comments were received supporting
the proposal not to restrict the use of grant
funiis for this purpose. The comments ex-
pressed the opinion that any decision tc
transfer monitoring costs to the public water
systems should he made by the States and
r.ot EPA. Three comments were received
from State water supply ivgencles which Indi-
cated that lor them It wouldn't make much
difference whether EPA requited the utilities
to pat for monitoring costs or not. There were
v-lx comments favoring the transfer of rri-onl-
f jrl'.v.; costs tn the public water systems.
*¦; hits heen dnclded so retain tire program
B'.eimnt Jot laboratory operatlens without
restrictions on routine sampling analysis.
This Issue 1= discussed In greater detail In
l.he preamble to the llnol regulations.
ll~. XsetinitUiM, There »£;<• G oomniervts on
the "DannltloM," > 35.U03. A number of com-
ments TDquested that the definitions be
BlphRhctksed and that where possible they
use the same language as the definitions
contained in the Interim Primary Drinking
Water Regulations (40 CFR, Part 1411. Both
requests are reflected In the final version of
the Cirant Regulations. By clarifying and
simplifying language in other paragraphs of
these regulations, the need for a number of
new definitions -which were suggested have
been eliminated.
IV. Oranf allocation and reallocation.
There were 16 comments on $35,610 (now
36.605) de&Ung with the jjrant allocation
formula Ten comments w«re In favor of the
proposed formula. These comments reflected
the belief that this Is the most equitable
formula that can be developed at this time.
Two comments suggested that Instead of the
number of resident water systems In the
formula, the number of people served by
community water systems should be used.
Two comments were received asking that In -
creased emphasis be placed on small non-
community systems. One comment was re-
ceived asking that th? deadline for submittal
of new inventory data be changed from
August l, 1B76 to December 30,1975. Another
comment suggested that tbe 30% weighting
factor for population was too high. One
comment aslced that the prevalence of drink-
ing water-related health problems be given
weight in the allocation formula. It has been
decided to retain the proposed allocation
formula, with some minor language changes,
This Issue li explained in more detail in
the preamble to the regulations.
In the Interest of expediting the alloca-
tion of grant funds for FT 76, the August 1,
1976 deadline for tbe submission of new
inventory data has also been retained. Tbe
2915
SPA regional ollcea notified all States of the
August 1 deadline during April 197B and
many of the States have made significant
Improvement to tfoplr inventory date be-
tween that time and August 1, 1B75.
The other suggestions fcr changes in the
weighting factors were not accepted because
of the absence of adequate Inventory data
or adequate data on contamination inci-
dents. Another comment raised the question
as to why Ounm, American Samoa and the
Virgin Islands arc not receiving a minimum
of one percent of the appropriation. The Act
specifically excludes these States from the
one percent minimum. 'Hie Agency believes,
however, thm. some minimum is necessary to
assure that These territories will receive an
adequate share of federal funding and one-
third ot one percent was selected as a rea-son-
able figure.
Two comments were received which sug-
gested that reallocation under 136.611(d)
(now 95.605 -1(d)) be carried out under somo
type of formula or guidance to the Regional
Administrator. This change waa not made
because this is the last reallocation of the
fiscal year and the Regional Administrator
should he free to provide the funds to the
States which are best able to utilise It. If the
State program plans are developed realis-
tically and the States are able to follow their
programs plans, no reallocation will be
necessary. In order to utilize reallocated
funds a State must have sufficient matching
funds and a program plan which will sup-
port additional funds. It Is not expected that
all States will be able to do this.
V. State program plan). Section 35.6IS
(now 36.S28; received n comments hi the
areas of required program e^raents, the re-
lattoriablp between the StP program plan
and the grant application uldan.ee from
EPA, the program plan evaluation. tve
.specific authortiy of the Hegional Admin-
istrator and a uroposal that the State pro-
gram plan be developed only after require'"
public participation. Language has he*n
added to 3 35.613 (now ! 36.626) and 5 36.61"
(now 3S.S2G-1) to emphasize that trie pro-
gram elements of 9 35.618 (now 35.686-1) a«>
optional, and that not all are required and
others may be added.
The elements of i 36.616 ere Intended tc
Identify a broad definition of a public ware-
system supervision program. Federal grant
money spent In any of the program elements
of 5 S}.618 can be expended for the purpose
of the Act. States with primary enforcement
authority, sowever, must meet the require-
ments of f 142.10 of this chapter. The
primacy requirements of II 142.10 are a mor»
limited group of activities, all contained
within the much broader activities Identified
In f 36.618.
She language of 135.815 and I 38.630 (n'-*-
HR.611-1) have also been clarified to Indi-
cate tliat the State program plan la required
as part of tbe grant application form and
not as a separate document. Section 36.915
has also been modified to reflect the require-
ment that a State's evaluation of Its previous
years program is only necessary If the Btst*
received a grant In the previous year.
A new program element has been added
to 135.618 on public participation. Adding
public participation to tbe list clearly identi-
ties It as a desirable part ot a public water
system supervision program. Btates can now
expend grant funds for public participation
without having to Justify a new program ele-
ment to the Regional Administrator. Addi-
tional changes to the program elements have
been made to include technical assistance tn
rroes-oonnectlon control programs, monitor-
ing, and additional language to indicate that
the disease surveillance and Investigation
element Should Include those problems as-
eoolated with chemical contaminants.
FEDERAL MOISTtK, VOL. 41, NO. 13—TUISDAY, JANUARY 10, 1»«
-------
2916
RULES AND REGULATIONS
VI. Allowable casta. As a result of a num-
ber ot comments, the allowable cost provi-
sions of { 35.620, has been revised to refer-
ence the allowable costs provisions of the
general grant regulations S 30.705. Thl*
change will allow the States and Regional
Administrators more flexibility In determin-
ing allowable costs lor a public water system
supervision program.
VII. Maintenance of effort. The mainte-
nance of effort provision S36.025 (now
36.613(c)) has been simplified. It still con-
veys EPA's intent that Federal grant fluids
be used to supplement State funds. The relief
possible when State funds ore reduced In
covered In % 30.1000 of the general grant
regulations.
VIII. Grant application/program plan.
Pour comments requested that the Regional
Administrator formally comment on the draft
Btate program plan of S 35.830(ht (now
36.611-1 (d)) within 30 days. EPA Regional
program personnel will be working with
their State counterparts throughout this pro-
gram plan development process and EPA's
position will be conveyed to the States
through these Informal relations as It de-
velops. Inserting a formal written comment,
deadline may reduce the effectiveness of thft
review.
One comment requested that language be
Inserted in 5 36.639(b) (now 35.624(b)) to
allow the State to reject a grant and return
primacy to ETA. Section 142 12(c) of the
Implementation Regulations contains the
provision that will allow a State to relin-
quish primacy by notifying the Regional Ad-
ministrator in writing of the State's decision
B0 days In advance of the effective date of the
decision.
Two comments were received which ob-
jected to the grant reduction of 8 35.640(a)
(now 38.024(a)). As provided for In 58 35.615
and 36.618, a State Is given substantial dis-
cretion In planning Its program and deciding
the activities for which grant funds can. be
used. If the State Is not able to productively
use the funds for these planned purposes
they should be available to other States with
a need.
[PE Doc.75-1447 Piled 1-10-76:8:46 am]
[FRL 488-3]
PART 142—NATIONAL INTERIM PRIMARY
DRINKING WATER REGULATIONS IM-
PLEMENTATION
Implementation of Standards
On August 7. 1975, the Environmental
Protection Agency (EPA) proposed reg-
ulations to implement national primary
drinking water regulations to be adopted
pursuant to Title XIV of the Public
Health Service Act ("the Act"). Title
XIV was added to the Act by the Safe
Drinking Water Act, Pub. I... 93-523.
National Interim Primary Drinking
Water Regulations were promulgated by
EPA on December 24, 1975. 40 FR 59560.
Those regulations establish maximum
contaminant levels for specified micro-
biological and chemical contaminants
and for turbidity. They also establish
minimum monitoring requirements, con-
tain requirements for public notification
In the event of violation of the regula-
tions and provide for appropriate record-
keeping and reporting by public water
systems.
The Implementation Regulations pro-
mulgated here pursuant to sections 1413,
1414,1415,1416,1446 and 1450 of Use Act
seek t» implement the primary drinking
water regulations in the following basic
ways: <1> Subpart B of the Implementa-
tion Regulations provides f0r approval of
State programs for the enforcement of
State drinking water regulations at least
as stringent as the national primary
drinking water regulations. A State with
an approved program assumes primary
enforcement responsibility for most pub-
lic water systems in the State. (2) Sub-
part C of the Implementation Regula-
tions provides for periodic EPA review of
variances and exemptions from primary
drinking v,ater regulations granted by
States with primary enforcement respon-
sibility. (3) Subpart D establishes Fed-
eral enforcement procedures authorized
by the Act. M> Subparts E and P estab-
lish procedures ior the granting of vari-
ances and exemptions by EPA. With one
limited exception, EPA can issue vari-
ances or exemptions only in States which
do not have primary enforcement respon-
sibility.
Written comments on the proposed
regulations were invited, and public
hearings wci e held in San Francisco and
Washington, D.C. A total of seventy writ-
ten comments were received. In all, an
aggregate of over 350 discrete remarks
were contained in the written submis-
sions and in or? I testimony at the public
hearings. To a large extent, the pro-
posed regulations have been adopted
without major changes. Many comments
on the proposed regulations received by
EPA explicitly endorsed the basic ap-
proach of the regulations, which Is to
carry out the Congressional intent of
providing substantial flexibility to the
States in the development and imple-
mentation of their drinking water pro-
grams. However, a number of specific
changes were suggested, and a number of
the suggestions have been accepted. The
comments received are discussed In Ap-
pendix A. Tiie balance of this preamble
will discuss some of the significant
changes that have been made in the pro-
posed regulations.
Public information and participation.
Several citizen groups submitting com-
ments on the proposed regulations re-
quested that further provision bt made
for public participation and for providing
Information to the public. A number of
changes have been made in the regula-
tions to increase public participation and
the availability of information, although
not all suggestions received have been
accepted.
Some of the changes made relate to
public hearings. Sections 142.13, 142.23,
142.44 and 142.64 have been amended to
provide that whenever EPA isBues a no-
tice of opportunity for public hearing, or
Issues a notice of the convening of a pub-
lic hearing, notice will be given lr_ ap-
propriate newspapers as well as by the
other means specified in the proposed
regulations. Promised 8142.13, concern-
ing public hearings on a determination
that a State qualifies or does not qualify
for primary enforcement responsibility,
has also been revised to require that at
least one hearing be held within the
State involved, and to provide that the
notice of opportunity for hearing will
designate at least one location In the
State where the State's application can
be reviewed. In addition. §5 142.13(e),
142.23(d), 142.44(e) and 142.54(e) have
been revised to make clear that hearings
will be conducted in an informal manner
conducive to public participation.
Changes have also been made with re-
spect to the availability of information
to the public. A new paragraph has
been added to § 142.14, which sets forth
record-keeping requirements for States
with primary enforcement responsibility,
to require that records covered by that
section must be maintained and made
available for public inspection. The State
is given the option of making these rec-
ords available on its own, or requiring
public water systems to make available
the records they must keep as required by
the interim primary regulations. In ad-
dition, a new paragraph (d) has been
added to § 142.15, which sets forth re-
quirements for State reports to EPA, to
provide that the State must make availa-
ble to the public toe annual report to
EPA.
As discussed in Appendix A, some com-
ments suggested that other public par-
ticipation requirements be imposed by
these regulations as conditions for the
assumption by a State of primary en-
forcement responsibility. For example,
it was suggested that a State be required
to have a Freedom of Information Act
as stringent as the Federal Freedom of
Information Act, and that State pro-
grams be the subject of State hearings
prior to the opportunity for hearing of-
fered by EPA. In many States, statutes
already in existence will assure avail-
ability of information and opportunity
for public hearings which go far beyond
the minimum requirements of these reg-
ulations. EPA urges States to encourage
public participation in their drinking
water programs. However, to impose ad-
ditional specific requirements in these
regulations would conflict with the Con-
gressional intention that State programs
be allowed a large degree of flexibility-.
Section 142.10 has been amended to
provide that an adequate State enforce-
ment program must include public noti-
fication of violations by public water sys-
tems. The public- notification require-
ments of the Act,*fti section 1414(c), are
a critical part of the enforcement pro-
cedures established by the Act. Those re-
quirements apply to ail public water sys-
tems, Including systems in States which
have primary enforcement responsibil-
ity, but EPA has concluded that it would
be inconsistent with the concept of State
primary enforcement responsibility for a
State to rely entirely on the Federal pub-
lic notification requirements. Under
# 142.10' as revised, a State will be ex-
pected to have its own public notifica-
tion requirements, although those re-
quirements need not contain all elements
of the Federal requirements.
Public water systems covered bp State
urograms. Several States objected to the
implicit assumption of the proposed reg-
FEOMAl RtCHSTEK, VOL. 41, NO. 13—tUISDAY, JANUARY JO, 1974
-------
ulatlo&s that a State would be required
to assume primary enforcement respon-
sibility over all public water systems In
the State, Including those located on in-
terstate carrier conveyances. These
States contended that regulation of water
supplied by airplanes, trains and buses
traditionally has been the responsibility
of the Federal government, and that as a
practical matter it should remain with
the Federal government.
EPA agrees that the most efficient and
effective means of regulating systems on
Interstate carrier conveyances is by a na-
tionwide program administered by the
Federal government. Accordingly, S 142.3
as promulgated provides that a State
may qualify for primary enforcement re-
sponsibility without regulating systems
on carriers which convey passengers in
interstate commerce. Section 142.3 also
makes clear that a State will not be re-
quired to regulate public water systems
on Indian lands where the State's Juris'
diction Is Inadequate or is in question.
EPA will regulate those public water sys-
tems. For all other public water systems
In the State, Including systems operated
by Federal agencies, the Btate Is expected
to take the lead In enforcement In order
to qualify for primary enforcement re-
sponsibility.
This is not to say that all enforcement
Activities with respect to Bl) other pub-
lic water systems In the State must be
handled directly by the lead state
agency. In a number of States, local gov-
ernment agencies bear a substantial
amount of responsibility for regulating
public water systems. The Involvement
of local agencies in a State's overall pro-
gram for regulating public water sys-
tems Is consistent with the concept oi
State primary enforcement responsibil-
ity. However, in order for a State to
qualify for primary enforcement respon-
sibility, the ultimate authority to require
compliance with the primary drinking
water regulations should rest at the
State level. The appropriate State agency
should be able to take action when a lo-
cal agency does not do an adequate Job.
Primary enforcement responsibility
held by EPA. Several comments raised
questions concerning situations in which
a Btate does not qualify for primary en-
forcement responsibility or decides to
discontinue its exercise of primary en-
forcement responsibility. With respect to
discontinuance, a concern was expressed
that there could be a gap between State
jurisdiction and EPA jurisdiction. Such
a gap cannot legally exist, since the Act
assumes that EPA will have primary en-
forcement responsibility whenever a
State does not have It. Accordingly, if a
State did relinquish primary enforce-
ment responsibility, EPA would immedi-
ately have the authority to exercise full
enforcement authority under section
1414 of the Act.
In practice, it is expected that State
relinquishment of primary enforcement
responsibility after It is assumed by the
State will be rare. In the event that it
does occur, 1142.12(c) as promulgated
provides for a 00-day notice to EPA by
RISJ.ES AND REGULATIONS
the State prior to discontinuance ot
State primacy. Cooperative efforts with
the State, and the exercise of emergency
authority by EPA under section 1431 of
the Act if necessary, should assure that
there will be no gap in enforcement.
In a case where EPA does have pri-
mary enforcement responsibility, EPA
will work with State and local agencies
in a joint effort to assure adequate en-
forcement of applicable regulations.
Requirements for primary enforce-
ment responsibility. Several comments
Indicated some confuston from the re-
quirement that a State program qualify-
ing for primary enforcement responsi-
bility have statutory or regulatory en-
forcement authority "adequate to compel
compliance with the State primary
drinking water regulations in appropriate
cases" (5 142.10(b)(6)). To clarify this
requirement, it has been expanded to
make clear that State legal authority
must Include the power tc seek Injunc-
tions against violations of the State's
primary drinking water regulations, the
right to enter and inspect public water
systems, the right to require appropriate
record-keeping and reporting by public
water systems, penalties for violation
of State primary drinking water regula-
tions, and public notification require-
ments In addition, of course, State legal
authority must cover the other require-
ments contained in i 142.10, such as the
authority to adopt primary drinking
water regulations at least as stringent as
the Federal regulations.
Subparagraph Cv) of 1142.10(b)(6),
supplemented by a new S142 16, In-
cludes as one or the necessary elements
of State statutory or regulatory au-
thority toe power to require a public
water system to give public notification
of a violation of the State's primary
drinklng water regulations. Public noti-
fication is an essential element of en-
forcing the National Primary Drinking
Water Regulations, and therefore should
be part of an adequate State program.
Section 142.16 provides that State
public notification should include man-
datory notification to users of a public
water system whenever the system vio-
lates a maximum contaminant level, is
granted a variance or exemption, or
tails to comply with a schedule for con-
taminant levels prescribed pursuant to
a variance or exemption. However, it is
not required that in all respects the State
public notification requirements be the
same as the Federal requirements con-
tained in I 141.32. Although the Federal
requirements are contained In the same
part as the National Primary Drinking
Water Regulations, they are not tech-
nically speaking "primary drinking wa-
ter regulations" adopted pursuant to
Section 1412 of the Act, but rather are
enforcement provisions adopted pursu-
ant to Section 1414(c) of the Act. Ac-
cordingly, State notification require-
ments, unlike Btate primary drinking
watte regulations, are not required to be
at least as stringent as their Federal
counterparts.
2917
It should be Pointed out that the Fed-
eral notice requirements apply to all pub-
lic water systems, including those in
States which have primary enforcement
responsibility. Therefore, even though a
State does not have to have the same
public, notification requirements in order
to qualify for primary enforcement re-
sponsibility, it is highly desirable that
State public notification requirements be
substantially the same as the Federal
requirements to avoid a split in enforce-
ment responsibilities.
Subparagraph (vi) of 5 142.10(b) (6)
provides that an appvovable State pro-
gram must Include legal authority to
assess civil or criminal penalties for vio-
lation ot the State's primary drinking
•water regulations or public notification
requirements. EPA strongly urges the
States to adopt the same maximum level
of penalties as has been adopted in the
Safe Drinking Water Act (up to $9,000
per day civil penalty for a willful viola-
tion). If a State's legal authority pro-
vides for a lower level of maximum pen-
alties or different types ol penalties, the
adequacy of toe State's penalties will
be judged in light of the State's overall
enforcement authority.
If the Administrator approves a State
program with a maximum level of penal-
ties below that contained in the Safe
Drinking Water Act, but subsequently
determines that the lower level of maxi-
mum penalties has had a significant ad-
verse effect on the adequacy of the
State's procedures for enforcement ot
its primary drinking water regulations,
tile Administrator will inform the State
that it must Immediately initiate action
to raise the maximum level of penalties
in order to retain primary enforcement
responsibility.
Section 142.10 of the regulations has
also been revised with respect to require-
ments for a State laboratory certification
program. Because a State may be able to
qualify for primary enforcement respon-
sibility before EPA can put into effect a
National quality assurance program for
laboratory certification, Section 142.10
(b) (3) has been revised to provide that
the State may maintain an interim pro-
gram of laboratory approval until the
full certification program is in effect. In
addition, those States which will conduct
all required public water system analyses
in State laboratories certified by EPA
may be exempted from the laboratory
certification program requirement be-
cause in such a case the program would
not be necessary.
Comments on laboratory certification
also raised the possibility of State
reciprocity. EPA will interpret the labo-
ratory certification requirement to per-
mit State reciprocity in appropriate cases
so that a public water system in one
State may be able to use a certified labo-
ratory in another state.
Variances and exemptions issued by
EPA. Subparts E and K, establishing pro-
cedures for the Issuance of variances and
exemptions by EPA in cases where the
State does not have primary enforcement
FEDERAL REGISTER, VOL. 41, NO. 13—TUUDAY, JANUARY 20, 1976
-------
2918
RULES AND REGULATIONS
responsibility, have been retained largely
as proposed, although as noted above the
hearing procedures -were revised in re-
sponse to comments.
One commenter took the position that
the procedures for variances and exemp-
tions issued by EPA should be made
mandatory on the States. EPA believes
that this would be inconsistent with the
purpose of the Safe Drinking Water Act.
In particular, it should be noted that sec-
tion 141.3(a) (4) of the Act established as
a condition of State primary enforcement
responsibility that State variance and
exemption procedures be at least as
stringent as the detailed provisions of
sections 1115 and 1416 of the Act. Para-
graph <4) does not, like paragraphs (2)
and (3) of section 1413, Indicate that
those requirements are to be expanded
by EPA.
Economic considerations. Total costs
to the States to implement these regula-
tions on a phased basis were estimated
in the preamble to the proposed regula-
tions as $22 million in FY-76 and $33
million in FY-77, reaching a maximum
of $70 million by FY-31.
Public comments were solicited on the
cost estimates. A number of States felt
the Initial years estimates were low, but
also acknowledged that it is difficult to
judge what the cost estimate should be,
since a phased approach is envisioned
by EPA. Several comraenfcers felt that toe
assumption of annual sanitary surveys
by 1981 on aU public water systems was
both unrealistic and, in the case of non-
community ground water systems, un-
necessary.
EPA concurs that a reduced frequency
of sanitary surveys for non-community
ground water systems is acceptable and
has revised the assumption accordingly.
On this basis, the estimated total annual
cost to States remains unchanged In
FY-76 and FY-77; that is, $22 million
and $33 million respectively, and reaches
a maximum of approximately $57 mil-
lion by 1981.
These costs are not in addition to cur-
rent State expenditures, now estimated
at $17 million annually, nor do they in-
clude the cost of the routine monitoring
required by the National Interim Pri-
mary Drinking Water Regulations. Al-
though many States currently perform
some of this monitoring at no cost to
the supplier of water, especially for small
systems, it is the responsibility of the
supplier of water to assure that this
monitoring Is performed. Therefore, the
net cost of these regulations by 1981 la
estimated U> be about $40 million over
the current level of expenditures.
Other comments and revisions In the
proposed regulations are discussed In
Appendix A.
For the reasons given above, Chapter
40 of the Code of Federal Regulations Is
hereby amended by adding the following
new Part 142. The effective date of these
regulations Is January 20,1876.
Dated: December 24,1975.
Rvbsec.1, E. TRAlrr,
Administrator.
Subpart A—General Provisions
Sec.
142.1 Applicability.
142.2 Definitions.
142.3 Scope.
143.4 State and Local Authority.
Subpart B—Primary Enforcement Responsibility
142.10 Requirements (or a Determinate r,n of
Primary Enforcement Responsibil-
ity.
142.11 Request for Determination of Pri-
mary Enforcement Responsibility.
142.12 Determination of Primary Enforce-
ment Responsibility.
142.13 Public Healings.
142.14 Records Kept by States.
142.16 Reports by States.
142.16 State Public Notification Require-
ments,
Subpart C—Review of SUte>tssueil Variances
and Exemptions
142.20 State-Issued Variances and Exemp-
tions.
142.21 State Consideration of a Variance or
Exemption Request
142.22 Review of State Variances, Exemp-
tions and Schedules.
142.23 Notice to State.
142.24 Administrator's Rer.oist.lon,
Subpart D—Federal Enforcement
142.30 Failure by State to Assure Enforce-
ment,
142.31 Federal Action.
142.32 Petition for Public Hearing.
142.33 Public Hearing.
142.34 Entry oad Inspection of Public Water
Systems.
Subpart E—Variances Issued by the
Administrator
142.40 Requirements for a Variance.
142.41 Variance Request.
142.42 Consideration of a Variance Request.
142.43 Disposition of a Variance Request.
142.44 Public Hearings on Variances and
Schedules.
142.46 Action After Hearing.
142.46 Alternative Treatment Techniques.
Subpart F—Exemptions Issued by the
Administrator
142.50 Requirements for an Exemption.
142.51 Exemption Request.
142.62 Consideration of an Exemption Re-
quest.
* 142.S3 Disposition of an Exemption Request.
142.64 Public Hearings on Exemption
Schedules.
142.66 final Schedule.
Authority: Sees. 1413, 1414, 1416, 141fl.
1446 and 1460 of Pub. L. 93-533. 88 Stat. 1660
(42 U.S.C. 300g-2. 800g-3. S00g-4, 300g-5,
300J-4 and 300J-8),
Subpart A—General Provisions
| 142.1 Applicability.
This part sets forth, pursuant to Sec-
tions 1413 through 1416, 1445 and 14S0
of the Public Health Service Act, as
amended by the Safe Drinking Water
Act, Pub. L. 03-323, regulations for the
implementation and enforcement of the
national primary drinking water regu-
lations contained In Part 141 of this
chapter.
§ 142.2 Definitions.
As used in this part, and except as
otherwise specifically provided:
(a) "Act" means the Public Health
Service Act.
(b> "Administrator" means the Ad-
ministrator of the United States Envi-
ronmental Protection Agency or his au-
thorized representative.
(g> "Agency" means the United States
Environmental Protection Agency.
"Contaminant" means any physi-
cal, chemical, biological, or radiological
subs tance or matter in water.
(e) "Federal agency" means any de-
partment, agency, or instrumentality of
the United States.
(f> "Maximum contaminant level"
niearis the maximum permissible level of
a contaminant in water which is deliv-
ered to the free flowing outlet of- the
uliimate user of a public water system;
except, in the case of turbidity where
the maximum permissible level is meas-
ured at the point of entry to the distribu-
tion system. Contaminants added to the
water under circumstances controlled by
the user, except for those resulting from
corrosion of piping and plumbing caused
by water quality are excluded from this
definition.
fg> "Municipality" means a city, town
or other public body created by or pur-
suant to State law, or an Indian tribal
organization authorized by law.
"National primary drinking water
regulation" means any primary drinking
water regulation contained In Part 141
of this chapter.
' i> "Person" means an individual, cor-
poration, company, association, partner-
ship, State, municipality or Federal
agency.
"Primary enforcement responsibil-
ity" means the primary responsibility for
administration and enforcement of pri-
mary drinking water regulations and re-
lated requirements applicable to public
water systems within a State.
"Public water system" means a
system for the provision to the public
of piped water for human consumption,
if such system has at least fifteen service
connections or regularly serves an aver-
age of at least twenty-five Individuals
daily at least 60 days out of the year.
Such term includes (1) any collection,
treatment, storage, and distribution fa-
cilities under control of the operator of
such system and used primarily in con-
nection with such system, and (2) any
collection or pretreatment storage fa-
cilities not under such control which are
used primarily in connection with such
system.
a> "Sanitary survey" means an on-
site review of the water source, facilities,
equipment, operation and maintenance
of a public water system for the purpose
of evaluating the adequacy of such
Rource, facilities, equipment, operation
and maintenance for producing and dis-
tributing safe drinking water.
(m> "State" means one of the States
of the United States, the District of Co-
lumbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Quam, Ameri-
can Samoa, or the TruBt Territory of the
Pacific Islands.
in) "State primary drinking water
regulation" means a drinking water
regulation of a State which Is comparable
to a national primary drinking water
regulation.
HDMAL MOOTER, VOL. 41, HO. 13—TUIS0AY, JANUARY 20, 1976
-------
(o> "Supplier of water" means any
person who owns or operates a public
¦water system.
(p> "Treatment technique require-
ment" means a requirement of the na-
tional primary drinking water regula-
tions which specifies for a contaminant a
specific treatment techniquetsi known to
the Administrator which leads to a re-
duction la the level of such contaminant
sufficient to comply with the require-
ments of Part 141 of this chapter.
{ 142.3 Scope.
(a) Except where otherwise provided,
this part applies to each public water
system In each State; except that this
part shall not apply to a public water
system which meets all of the following
conditions:
<1> which consists only of distribution
and storage facilities (and does not have
any collection and treatment facilities);
(2) which obtains sJl ol Its water
from, but Is not owned or operated by,
a public water system to which such reg-
ulations apply;
C3) which does not sell water to any
person ; and
(4) which Is not a carrier which con-
veys passengers in interstate commerce.
(b) In order to qualify for primary en-
forcement responsibility, a State's pro-
gram for enforcement of primary drink-
ing water regulations must apply to all
other public water systems in the State,
except tor:
public water systems on carriers
which convey passengers in Interstate
commerce;
public water systems on Indian
land with respect to which the State does
not have the necessary Jurisdiction or its
jurisdiction is in question; or
(8) public water systems owned or
maintained by a Federal agency where
foe Administrator has waived compliance
with national primary drinking water
regulations pursuant to Section 1447(b)
of the Act.
6 142.1 Slate and Local Authority.
Nothing in this part shall diminish any
authority of a. State or political subdivi-
sion to adopt or enforce any law or regu-
lation respecting drinking water regula-
tions or public water systems, but no
such law or regulation shall relieve any
person of any requirements otherwise
applicable under this part.
Subpart B—Primary Enforcement
Responsibility
§ 142.10 Requirements for a Determina-
tion of Primary Enforcement Re-
sponsibility*
A Stat* has primary enforcement re-
sponsibility for public water systems In
the State during any period for which
the Administrator determines, based
upon a submission made pursuant to
1142.11, that such State, pursuant to ap-
propriate State legal authority:
(a) Has adopted State primary drink-
ing water regulations which (1) in case
of the period beginning on the date the
national interim primary drinking water
regulations are promulgated In Part 141
RULES AND REGULATIONS
of this chapter and ending on the date
such regulations take effect are no less
stringent than such regulations and (2)
in the case of the period after such effec-
tive date are no less stringent than the
interim and revised national primary
drinking water regulations in effect
under such part;
Has adopted and Is implementing
adequate procedures tor the enforce-
ment of such State regulations, such pro-
cedures to include:
(1) Maintenance of an Inventory ol
Public water systems.
(2) A systematic program for con-
ducting sanitary surveys of public water
systems In the State, with priority given
to sanitary surveys of public water sys-
tems not in compliance with State pri-
mary drinking water regulations,
(3) The establishment and mainte-
nance of r State program for the cer-
tification of laboratories conducting
analytical measurements of drinking
water contaminants pursuant to the re-
quirements of the State primary drink-
ing water regulations including the
designation by the State of a laboratory
officer, or officers, certified by the Ad-
ministrator, as the official (s) responsible
for the Stated certification program.
The requirements of this paragraph
may be waived by the Administrator tor
any State where all analytical measure-
ments required by the State's primary
drinking water regulations are con-
ducted at laboratories operated by the
State and certified by the Agency. Until
such time as the Agency establishes a
National quality assurance program for
laboratory certification the State shall
maintain an interim program for the
purpose of approving those laboratories
from which the required analytical
measurements will be acceptable.
(4) Assurance of the availabiltty to the
State of laboratory facilities certified by
the Administrator and capable of per-
forming analytical measurements of all
contaminants specified In the State pri-
mary drinking water regulations.
Until such time as the Agency estab-
lishes a National quality assurance pro-
gram for laboratory certification the
Administrator will approve such State
laboratories on an interim basis.
(5) The establishment and mainte-
nance of an activity to assure that the
design and construction of new or sub-
stantially modified public water system
facilities will be capable of compliance
with the State primary drinking water
regulations.
(0) Statutory or regulatory enforce-
ment authority adequate to compel com-
pliance with the State primary drinking
water regulation! In appropriate cases,
such authority to include:
(1) Authority to apply State primary
drinking water regulations to all public
water systems in the State covered by
the national primary drinking water
regulations, except for Interstate car-
rier conveyances and systems on Indian
land with respect to which the State
does not have the necessary Jurisdiction
or Its jurisdiction Is in question.
2919
(11) Authority to sue in courts of com-
petent jurisdiction to enjoin any
threatened or continuing violation of
the State primary drinking water
resutittloos.
(ill) Right of entry and inspection of
public water systems, including the right
to take water samples, whether or not
the State has evidence that the system
Is in violation of an applicable legal
requirement.
(iv) Authority to require suppliers ol
water to keep appropriate records and
make appropriate reports to the State.
(v) Authority to require public water
systems to give public notice of viola-
tions of State primary drinking water
regulations to the extent set forth in
i 142.10, and authority to order addi-
tional notification when circumstances
make more immediate or broader notice
appropriate to protect the public health.
(vl) Authority to assess civil or crimi-
nal penalties for violation of the State's
primary drinking water regulations or
public notification requirements. Includ-
ing the authority to assess dally penalties
or multiple penalties when a violation
continues;
If it permits variances or exemp-
tions, or both, from the requirements -of
the State primary drinking water regu-
lations, it shall do so under conditions
and In a manner which is no less strin-
gent than the conditions under which,
and the manner in which, variances and
exemptions may be granted under Sec-
tions 141.5 and 1416 of the Act (regula-
tions governing the Issuance of vari-
ances and exemptions by the Adminis-
trator in States that do not have primary
enforcement responsibility are set forth
in Subparts E and F. States with pri-
mary enforcement responsibility may
adopt procedures different from those set
forth in Subparts E and F, provided
that the State procedures meet the re-
quirements of this paragraph); and
(e) Has adopted and can Implement
an adequate plan for the provision of safe
drinking water under emergency circum-
stances.
g 142.11 Requeat for Determination of
Primary Enforcement Hesponnifcility.
A State may apply to the Administrator
for a determination that the State has
primary enforcement responsibility for
public water systems in the State pur-
suant to Section 1413 of the Act. The
application shall be as concise as possible
and describe the State's compliance
with each of the five requirements set
forth in 1142.10, and include the fol-
lowing Information:
(a) The text of the State's primary
drinking water regulations, with refer-
ences to those state regulations that
vary from comparable regulations set
forth In Part 141 of this chapter, and a
demonstration that any different State
regulation is at least as stringent »the
rtOMAi. MOI5UK, VOL. 41, MO. 13—TUESDAY, JANUARY JO, IW
-------
2920
RULES AND REGULATIONS
comparable regulation contained in Part
141.
(b) A description, accompanied by ap-
propriate documentation, of the State's
procedures for the enforcement of the
State primary drinking wuter regula-
tions. The submission shall include:
(1) A brief description of the State's
program to maintain a current inventory
of public water systems.
(2) A brief description of the State's
program for conducting sanitary surveys,
including an explanation of the priorities
given to various classes of public water
systems.
(3) A brief description ci the State's
laboratory approval or certification pro-
gram, including the r.ameisi of the re-
sponsible State laboratory officer(s)
certified by the Administrator.
(4) Identification of laboratory facili-
ties, available to the State, certified or
approved by the Administrator and ca-
pable of performing analytical measure-
meants of all contaminants specified in
the State's primary drinking water
regulations.
(5i A brief description of the State's
program activity to assure that the
design and construction of new or sub-
stantially modified public water system
facilities will be capable cf compliance
"with the requirements of the State pri-
mary drinking water regulations.
<6> Copies of State statutory and reg-
ulatory provisions authorizing the adop-
tion and enforcement of State primary
drinking water regulations, and a brief
description of State procedures for ad-
ministrative or judicial action with
respect to public water systems not in
compliance with such regulations.
(e> A statement Ilia', the State will
make such reports and will keep nuch
records as may be required pursuant to
SI 142.14 and 342.15.
(d) If the State permits variances or
exemptions from its primary drinking
¦water regulations, the text of the State's
statutory and regulatory provisions con-
cerning variances and exemptions.
A brief description of the State's
plan lor (lie provision of safe drinking
water under emergency conditions.
§ 142.12 Uelormimilron of Primary l.n-
fopci'infiil Hr-j>on~ihi]i ty>
(a) t'l> The administrator shall act
on an application submitted pursuant to
5 142.11 within DO days after receiving
such application, and shall promptly in-
form ths State is; writ-lag of his action.
If ha denies the application, 3 its written
notification to the State shaJl include a
statement of reasons for the denial.
(25 A determination by the Adminis-
trator that a Slate has met the require-
ments (or primury enforcement
Eibllity shall take effect in accordance
w.th 3 112.13
i'ii When the Administrator's deter-
mination becomes effective pursuant to
p 142.13 it Khali continue in effect unJtrj
terminated pursuant to parnsTf.ph (b)
of this section.
(b) (J) The aamUiisirator shall an-
nually review, with respect to en-ch State
determined to have primary enforcement
responsibility, the compliance of the
State with the requirements set forth in
5 142.10.
(2) When the Administrator's annual
review, or other information available
to hiru. indicate that a Stat® no longer
meets the requirements set forth In
5 142 10, he shall notify the State in writ-
ing of that tact and shall summarize in
his notice the information available to
him which indicates that the State no
longer meets such requirements.
(3> The State notified pursuant to sub-
paragraph <2'> of this paragraph may,
witl.in 30 days of receiving the Admin-
mistra tor's notice, submit to the Admin-
istrator evidence demonstrating that the
State continues to meet the require-
ments for primary enforcement
responsibility.
<4i After reviewing the submission of
the State, if any, made pursuant to sub-
paragraph i.3) of this paragraph the Ad-
ministrator sluul either determine that
the State no longer meets the require-
ments of S 142.10 or that the State con-
tinues to meet those requirements, and
shall notify the State of his determina-
tion. Any determination that the State
no longer meets the requirements of
5 142.10 shall not become effective ex-
cept as provided m 5 1J 2.13.
that a State meets the
requirements of 5 142.10 for primary en-
forcement responsibility becomes effec-
tive, or any determination pursuant to
5 142.12(b) that a State no longer meets
the requirements of § 142.10 becomes ef-
fective, the Administrator shall provide
an opportunity for public hearing on his
determination.
The Administrator shall publish
notice of any determination specified in
paragraph '.a1 of this section in the Ffd-
eral Register arid in a newspaper or
newspapers of general circulation In the
Slate involved within 15 days after mak-
ing such determination, with a statement
of hts reasons lor the determination.
Such notice shall inform interested per-
sons that they may request a public hear-
ing on the Administrator's determina-
tion Such v.trltce shall also indicate one
or more locations m the State where in-
formation submitted by the State pur-
suant to § 142.11 is available for inspec-
tion by the general public. A public
hearing may be requested by any inter-
ested person other than a Fcueval agency.
Fi'hulous or insubstantial requests for
hearing may be denied by the Adminis-
trator.
tc> Replies'* for hearing submitted
pursuant to pn'.'wiraph of this sec-
tion shal) be submitted to the Adminis-
trator within 30 days after publication
of notice of opportunity for hearing In
the Fi'dfrai. Rk'-tsteh. Such requests shall
include the following iiifoimation:
(li The name, address and telephone
number of the individual, organization
or other entity requesting a hearing.
<2) A brief statement of the requesting
person's interest In the Administrator's
determination and of information that
the requesting person intends to submit
at such hearing.
(3) The signature of the individual
making the request; or, if the request Is
made on behalf of an organization or
other entity, the signature of a responsi-
ble official of the organization or other
entity.
(d) The Administrator shall give no-
tice in the Federal Register and in a
newspaper or newspapers of general cir-
culation in the State involved of any
hearing to be held pursuant to a request
submitted by an interested person or on
his own motion. Notice of the hearing
shall also be sent to the person request-
ing a hearing, if any, and to the State
involved. Notice of the hearing shall In-
clude a statement of the purpose of the
hearing, information regarding the time
and location or locations for the hearing
and the address and telephone number of
an office at which interested persons may
obtain further information concerning
the hearing. At least one hearing location
specified in the public notice shall be
within the Involved State. Notice of hear-
ing shall be given not less than 15 days
prior to the time scheduled for the hear-
ing.
(e) Hearings convened pursuant to
paragraph (d) of this section shall be
conducted before a hearing officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing officer
shall have authority to call witnesses, re-
ceive oral and written testimony and take
such other action as may be necessary to
assure the fair and efficient conduct of
the hearing. Following the conclusion of
the hearing, the hearing officer shall for-
ward the record of the hearing to the
Administrator.
1 f i After reviewing the record of the
hearing, the Administrator shall Issue
an order affirming the determination re-
ferred to in paragraph (a) of this sec-
tion or rescinding such determination.
If the determination is affirmed, it shall
become effective as of the date of the
Administrator's order.
ig> If no timely request for hearing is
received and the Administrator does not
determine to hold a hearing on his own
motion, the Administrator's determina-
tion shall become effective 30 days after
notice is issued pursuant to paragraph
-------
S 142.14 Reeor Date and results of analyses.
(4) Records of analyses for other than
microbiological contaminants or turbid-
ity shall be retained for not less man
40 years and shall include at least the
following information:
<1) Date and place of sampling.
UJ) Date and result* of analyses.
Records retained by a Btate pursuant
to this paragraph for at least 10 years,
may be transferred to the Agency to
satisfy the remainder ol the required 40
year retention period.
(b) Records required to be kept pur-
suant to paragraph (a.) must be in a
form admissible as evidence in State
enforcement proceedings.
(c) Each State which has primary en-
forcement responsibility shall maintain
current inventory information for each
public water system In the State and
shall retain Inventory records of public
water systems for not less than 40 years.
Records retained by a State pursuant to
this paragraph for tit least 10 years nay
be transferred to the Agency to satisfy
the remainder of the 40 year retention
period.
(d) Each State which has primary en-
forcement responsibility sliall retain, for
not lees than 10 years, files which shall
Include for each such public water sys-
tem in the State:
<11 Reports of sanitary surveys;
(2) Records of any Btate approvals;
(3) Records of any enforcement ac-
tions.
le7* Each Btate which has primary en-
forcement responsibility shall retain rec-
ords pertaining to each variance and ex-
emption granted by it for a period of not
less than S years following the expira-
tion of such variance or exemption,
The records required to be kept
by thi# section shall be maintained and
made available for public inspection by
RULES AND REGULATIONS
the State, or, the State at Its option may
require suppliers of water to make avail-
able for public Inspection those records
maintained in accordance with f 141.33,
§ 142.15 Reparta U- States.
Each State which has primary en-
forcement responsibility shall submit to
the Administrator the following infor-
mation :
(a) Additions or corrections to the
State's inventory of public water sys-
tems, as such additions or corrections are
made if feasible, and in any event by
January 1 of each year.
In the case of a corrunmunity water
system (as defined in 1141.2}, such no-
tification shall include a notice In the
first set of water bills of the system Is-
sued after the failure or grant. In the
case of a failure to comply with a maxi-
mum contaminant level, such written no-
tice shall be repeated not less than once
every three months so long as such fail-
ure continues; if the system issues water
bills less frequently than quarterly, or
does not issue -water bills, the notice shall
be made or supplemented by another
form of direct mail. In the case of a fail-
2921
ure to comply with a maximum contami-
nant level which Is not corrected prompt-
ly after discovery, the supplier of water
must give other general public notice of
the failure, in addition to notice by direct
mitil, in a manner required by the State.
The additional notice required by the
State may consist of notice by newspaper
advertisement, by press release or other
appropriate means.
If the public water system 1& a non-
community water system >&s defined in
1141.2), the notice shall be given by con-
spicuous posting, in a location where
It can be seen by consumers, rather than
in the manner specified in paragraph
(b) of this section.
(d) Notices given pursuant to this sec-
tion shall be written in a manner reason-
ably designed to inform fully the users
of the system. The notice shall be con-
spicuous and shall not use unduly tech-
nical language, unduly small print or
other methods which would frustrate the
purpose of the notice, The notice shall
disclose all material facta regarding the
subject including the nature of the prob-
lem and, where appropriate, a clear state-
ment that a primary drinking water reg-
ulation has been violated and any pre-
ventive measures that should be takgfn
by the public. Where appropriate, or
where designated by the State, bilingual
notice shall be given. Notices may Include
a balanced explanation ol the signifi-
cance or seriousness to tttt public health
of the subject of the notice, a fair ex-
planation of steps taken by the system
to correct any problem and the results of
any additional sampling.
(e> Notices required by this section
may be given by the State on behalf of
the supplier of water.
Subpart C—Review of State-Issued
Variances and Exemptions
g 142.20 State-I»»ued Variance* and Ex-
emption*.
States with primary enforcement re-
sponsibility may issue variances and ex-
emptions from the requirements of pri-
mary drinking water regulations under
conditions and lit a manner which are
not lew stringent than the conditions
under which, and the manner in which,
variances and exemptions may be
granted under Sections 1415 and 1418
of the Act. In States that do not have
primary enforcement responsibility,
variances and exemptions from the re-
quirements of applicable national pri-
mary drinking water regulations may be
granted by the Administrator pursuant
to Subparts £ and t>,
§ 142.21 State Consideration of a Veri:
•net or Exemption Request.
A State with primary enforcement re-
sponsibility shall act on aay variance or
exemption request submitted to it, within
90 days of recent of the request.
g 143.22 Review of State Variance*. Ex-
emption* said Schedule*.
(a) Not later than 18 months after the
effective date of the interim national pri-
mary drinking water regutattons the Ad-
ministrator shall complete a rsomprehen-
FEOERAt R6015TW, VOL. 41, NO. 13—TUESDAY, JANUARY 10, 1976
-------
2922
RUUS AND REGULATIONS
slve review of the variances and exemp-
tions granted (and schedules prescribed
pursuant thereto) by the States with
primary enforcement responsibility dur-
ing the one-year period beginning on
such effective date. The Administrator
shall conduct such subsequent reviews of
exemptions and schedules as he deems
necessary to carry out the purposes of
this title, but at least one review shall be
completed within each 3-year period
following the completion of the first re-
view under this paragraph.
(b) Notice of a proposed review shall
be published In the Federai. Regist**.
Such notice shall (1) provide informa-
tion respecting the location of data and
other information respecting the vari-
ances and exemptions to be reviewed (in-
cluding data and other information con-
cerning new scientific matters bearing
on such variances and exemptions), and
C2) advise of the opportunity to submit
comments on the variances and exemp-
tions reviewed and on the need for con-
tinuing them. Upon completion of anv
such review, the Administrator shall
publish in the Federal Register the re-
sults of his review, together with findings
responsive to any comments submitted
in connection with such review.
§ 142,23 Notice to State.
(a> If the Administrator finds that a
State has, In a substantial number of in-
stances, abused its discretion in granting
variances or exemptions under Section
1416(a) or Section 1416(a) of the Act or
failed to prescribe schedules In accord-
ance with Section 1415(a) or Section
1416(b) of the Act, he shall notify the
State of his findings. Such notice shall:
(1) Identify each public wf.ter system
for which the finding was made;
(2) Specify the reasons for the finding;
and
(3) As appropriate, propose revoca-
tion of specific variances or exemptions,
or propose revised schedules for specific
public water systems.
(b) The Administrator shall also notify
the State of a public hearing to be held
on the provisions of the notice required
by paragraph (a) of this section. Such
notice shall specify the tlrae and location
for the bearing. If, upon notification of a
finding by the Administrator, the State
takes adequate corrective action, the Ad-
ministrator shall rescind his notice to the
State of a public hearing, provided that
the Administrator is notified of the cor-
rective action prior to the hearing.
(c) The Administrator shall publish
notice of the public hearing In the Fed-
eral Register and in a newspaper or
newspapers of general circulation In the
involved State including a summary of
the findings made pursuant to paragraph
of Oils section
shall be conducted before a hearing of-
ficer to be designated by the Administra-
tor. The hearing shal: be conducted by
the hearing officer in an Informal, orderly
and expeditious maimer. The hearing
offlcer shall have authority to call wit-
nesses, receive oral and written testi-
mony and Cake such other net ion as may
be necessary to assure the fair and effi-
cient, conduct of 'he hearing. Following
the conclusion of the heiirtng, the hear-
ing officer shall forward the record of
the hearing to the Administrator.
'el With!.: 180 days after the date
notice is ri ven. pursuant to paragraph
of iim section, the Administrator shall;
(1) Resoled the finding- for which the
notice was glve:i and promptly notify the
State of such rescission, or
<2) Promulgate with any modifica-
tions as appropriate such revocation and
revised schedules proposed in such notice
and promptly notify the State of such
action.
(ft A l-svoer.ttoa or revised schedule
shall take effect 90 days after the State
is notified uncltr pars graph (eH2) of
this section.
§ 142.1! 1 Administrator'* Rescission.
If, upon notification of a finding by
the Administrator under § 142.23, the
State takes adequate* corrective action
before the effective date of the revoca-
tion or revised scheclu'.e, the Administra-
tor shall rescind the application of his
finding to that variance, exemption or
schedule.
Subpart D—Federal Enforcement
§ 142.30 Failn« Ijv Stole to Assure En-
foriH«r.O!U.
The Administrator shall notify
State and the appropriate supplier of
water whenever he finds during a period
in which the State has primary eruorce-
ment responsibility for public water sys-
tems that a public water rystem within
such State is not in compliance with any
primary drinking water regulation con-
tained in Part 141 ot tills chapter or w?th
any schedule or ether requirements im-
posed pursuant to a variance ot exemp-
tion granted under Section 1415 or 1416
of the Act; provided, that the State will
be deemed to have been notified of a vio-
lation referred to ir. a report submitted
by the State.
The Administrator shall provide
advice and technical assistance to such
State and public water system as may
be appropriate to bring the system into
compliance by the earliest feasible dme.
(c> If the Administrator finds that
the public water system fails to comrly
within 30 days after the date of the
notice given to the State pursuant >
paragraph (a), and fails to initiate ap-
propriate corrective actions to bring the
system Into compliance by the earliest
feasible time, the Administrator shall
give public notice of his findlntra of non-
compliance. Such notice shall be by pub-
lication in the Febirm. Ri-jsvi;r. and in
a newspaper of general circulation or
by other appropriate communications
media covering the area served by such
public water system. The Administrator
shall also mall a copy of the notification
to the supplier of water.
(d) The Administrator shall request
the State to report to him within 15 ctays
from the date of such public notice. Such
report shall specify information Includ-
ing but not limited rv:
(1) Reasons for ar.y failure by the
State to bring the sy *em Into compli-
ance,
(2) A timetable T>;th increments cf
progress by whi.-h compliance will be
achieved,
(3) Rte^s that are being taken or will
be takyn to bring the system Into com-
pliance and the reasons for such steps,
*md
(4) Legal steps that will be taken by
the State to assure that the timetable is
fallowed (the State may refer to incl-
ination on file with the Administrator).
(e) The Administrator, after consider-
ing the report -submitted by the State
witliin such time period as specified In
paragraph (d), will (1) determine that
the State has taken appropriate action
or (2) determine that the State has
abused its diicretton in carrying out pri-
mary enforcement responsibility by both;
ii) Failing to Implement by the six-
tieth day after -the date of notice given
under paragraph (a), adequate pro-
cedures to bring the system into com-
pliance by the earliest feasible time, and
(ii) Failing to iissure by such day the
provision through alternative means of
sale drinking water by the earliest feasi-
ble time.
§ 142,31 Federal Action.
(a) The Administrator may com-
mence a civil action against a supplier of
water whose public water system ia not
in compliance with a regulation or pro-
vision of Part 141 of tills chapter or with
any schedule or other requirements im-
posed pursuant to a variance or exemp-
tion granted pursuant to Section 1415 or
1416 of the Act;
(1) During a period In which the State
In which the system is located does not
have primary enforcement responsibil-
ity for public water systems,
(2) During a period in which the State.
In which the system Is located has
primary enforcement responsibility, if
such failure to comply extends beyond
the sixtieth day after the date of the
notice given purr.uant to ! 142.30(a), and
if
(1) The State falls to submit the re-
port requested by the Administrator as
provided by J 142.30(d); or
(il) The Administrator determines,
after considering the report submitted
by the State as provided by 9 142.30(d),
thai the State has abused its discretion
in carrying out primary enforcement re-
sponsibility pursuant to S 142.30(e).
(3) If requested by the chief executive
officer of the State in which the system
is located or by the agency of such State
which has jurisdiction over compliance
by public water systems In the State with
primary drinking water regulations.
RDM At *EGISre*, VOL. 4', MO. Ii—TUESDAY, JANUARY 20, 1976
-------
RULES AND REGULATIONS
2923
S 142.32 Petition tor Public Hearing.
(a) If the Administrator makes a
finding of noncompliance pursuant to
S 142.30 with respect to a public water
system in a State which has primary en-
forcement responsibility, the Adminis-
trator may, for the purpose of assisting
that State In carrying out such responsi-
bility and upon the petition of such state
or public water system or persons served
by such system, hold, after appropriate
notice, public hearings for the purpose
of gathering information as described in
S 142.33.
(b) A petition for a public hearing
pursuant to paragraph may use the
information contained In the notice to
inform the person whose property Is pro-
posed to be entered of the proposed en-
try; if a State so uses such information,
notice to the agency under paragraph
(b) is not required for subsequent In-
spections of public water systems until
such time as the Administrator deter-
mines that the agency has provided him
satisfactory assurances that It will no
longer so use information contained in a
notice received under paragraph For any request made under
5 142.40(a):
(1) Explanation In full and evidence
of the best available treatment technol-
ogy and techniques.
(2) Economic and legal factors rele-
vant to ability to comply.
(3) Analytical results of raw water
quality relevant to the variance request
(4) A proposed compliance schedule,
Including the date each step toward
compliance will be achieved. Such sched-
ule shall Include as a minimum the fol-
lowing dates:
(i) Date by which arrangement for al-
ternative raw water source or improve-
ment of existing raw water source will be
completed.
(II) Date of Initiation of the connec-
tion of the alternative raw water source
or improvement of existing raw water
source.
(III) Date by which final compliance Is
to be achieved.
(5) A plan for the provision of safe
drinking water In the case of an exces-
sive rise In the contaminant level for
which the variance Is requested.
(6) A plan for interim control meas-
ures during the effective period of vari-
ance.
-------
2924
RULES AND REGULATIONS
If the Administrator proposes to
grant a variance request submitted pur-
suant to S 142.41, he shall notify the
applicant of his decision in -writing. Such
notice shall identify the variance, the
facility covered, and shall specify the
period of time for which the variance
will be effective,
(1) For the type of variance specified
in S 142.40(a) such notice shal] provide
that the variance will be terminated
when the system comes into compliance
with the applicable regulation, and may
be terminated upon a finding by the Ad-
ministrator that the system has failed to
comply with any requirements of a final
schedule issued pursuant to ii 141.44.
(2) For the type of variance specified
in * 142.40(b) such notice shall provide
that the variance may be terminated at
any time upon a finding that the nature
of the raw water source is such that the
specified treatment technique for which
the variance was granted is necessary to
protect the health of persons or upon a
finding that the public water system has
failed to comply with monitoring and
other requirements prescribed by the Ad-
ministrator as a condition to the grant-
ing of the variance.
(c) For a variance specified in. § 142.40
(a)(1) the Administrator shall propose
a schedule for:
(1) Compliance (including increments
of progress) by the public water system
with each contaminant level requirement
covered, by the variance; and.
(2) Implementation by the public
water system of such control measures as
the Adminisi.rator may require for e:u~h
contaminant covered by thf variance.
id) Th«* proposed schedule far compli-
ance shall specify da'.e:> by which steos
towards compliance are be taken, in-
cluding at the minimjm, v.here applica-
ble:
(1) Date by which arrangement for an
alternative raw water , Public notice of an opportunity for
hearing on a variance or schedule shall
be circulated in a manner designed to in-
form interested and potentially inter-
ested persons of the proposed variance
or schedule, and shrill include at least
the following:
(1) Posting of a notice in the prln-,
oipal post office of each municipality or
area served by the public water system,
and publishing of a notice in a newspaper
or newspapers of general circulation in
the area served by the public water sys-
tem; and
(2) Mailing of a notice to the aceney
of the State in which the syotem Is lo-
cated which is responsible for the State's
water supply program, and to other ap-
propriate State or local agencies at the
Administrator's discretion,
'3) Such notice shall include a sum-
mary of the proposed variance or sched-
ule and shall inform interested persons
that they may request a public hearing
on the proposed variance or schedule.
(c) Requests for hearing may be sub-
mitted by any interested person other
than a Federal agency. Frivolous or in-
substantial requests for hearing may be
denied by the Administrator. Requests
must Lo submitted to the Administrator
within 30 days after issuance of the pub-
lic. notices provided for in paragraph (bj.
Such requests .shall include the follow-
ing 'v.j.'ui'mation:
(.1) The name, address and telephone
number of the individual, organisation or
other entity requesting a hearing;
i2) A brief statement of the interest
of the person making the request in the
proposed variance or schedule and of in-
formation luat the requesting person in-
tends tr, submit at such hearing;
(3) The signature of the Individual
making the request, or, if the request is
made on behalf of an organization or
other entity, the signature of a respon-
sible official of the organization or other
entity.
Tire Administrator shall give no-
tice in the- manner set forth in para-
graph of this section of any hearing
to be held pursuant to a request submit-
ted by an interested person or on his
own motion Notice of the hearing shall
also be sent to the persons requesting the
hearing, if any. Notice of the hearing
shall include a statement of the purpose
of the hearing, information regarding
the time and location for the hearing,
and this address and telephone number
of an office at which interested persons
may obtain further information concern-
ing the hearing, At least one hearing lo-
cation specified In the public notice shall
be within the Involved State. Notice of
heaiing shall be given not less than 15
days prior to the time scheduled for the
hearing.
(e> A hearing convened pursuant to
paragraph (d) of this section shall be
conducted before a hearing officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing officer
shall have authority to call witnesses, re-
ceive oral and written testimony and take
such other action as may be necessary to
assure the fair and efficient conduct of
the hearing. Following the conclusion of
the hearing, the hearing officer shall for-
ward the record of the hearing to the
Administrator.
if no timely request
for hearing is submitted and the Ad-
ministrator does not deteimine to hold
a public hearing on his own motion.
§ 11-2.45 A rlion \ilor Hearing.
Within 30 days after the termination
of the public hearing held pursuant to
FEDERAL REGISTER, VOL. 41, NO. 13—TUESDAY, MrtUAKY 20 1976
-------
(142.44, the Administrator shall, taking
Into consideration Information obtained
during such hearing and other relevant
information, confirm, revise or rescind
the proposed variance or schedule.
§ 142.46 Alternative Treatment Tech-
niques.
The Administrator may grant a vari-
ance from any treatment technique re-
quirement of a national primary drinking
¦water regulation to a supplier of water,
whether or not the public water system
for which the variance is requested is
located in a State which has primary
enforcement responsibility, upon a show-
ing from any person that an alternative
treatment technique not Included in such
requirement is at least as efficient in low-
ering the level of the contaminant with
respect to which such requirements was
prescribed. A variance under this para-
graph shall be conditioned on the use
of the alternative treatment technique
which is the basis of the variance.
Subpart F—Exemptions Issued by the
Administrator
8 142.50 Requirements for an Exemp-
tion.
The Administrator may exempt any
public water system within a state that
does not have primary enforcement re-
sponsibility from any requirement re-
specting a maximum contaminant level
or any treatment technique requirement,
or from both, of an applicable national
primary drinking water regulation upon
a finding that:
(a) Due to compelling factors (which
may include economic factors), the pub-
lic water system is unable to comply with
such contaminant level or treatment
technique requirement;
(b) The public water system was in
operation on the effective date of such
contaminant level or treatment tech-
nique requirement: and
(c) The granting of the exemption will
not result in an unreasonable risk to
health.
g 142.51 Exemption Reqnest.
A supplier of water may request the
granting of an exemption pursuant to
this subpart for a public water system
within a State that does not have pri-
mary enforcement responsibility by sub-
mitting a request for exemption In writ-
ing to the Administrator. Suppliers of
water may submit a Joint request for ex-
emptions when they seek similar exemp-
tions under similar circumstances. Any
written request lor an exemption or ex-
emptions shall Include the following in-
formation :
(a) The nature and duration of ex-
emption requested.
(b) Relevant analytical results of
water quality sampling of the system, In-
cluding results of relevant tests con-
ducted pursuant to the requirements of
the national primary drinking water
regulations.
(c) Explanation of the compelling
factors such as time or economic factors
which prevent such system from achiev-
ing compliance.
ft VIES AMD REGULATIONS
(d) Other information, if any, believed
by the Applicant to be pertinent to the
application.
(e) A proposed compliance schedule,
including the date when each step toward
compliance will be achieved.
(f > Such other information as the Ad-
ministrator may require.
g 143.52 Consideration 4>f an Exemption
Request.
(a) The Administrator shall act on
any exemption request submitted pursu-
ant to $ 142.51 within 90 days of receipt
of the request.
(b) In his consideration of whether
the public water system is unable to
comply due to compelling factors, the
Administrator shall consider such factors
as the following:
(1) Construction, Installation, or
modification of treatment equipment or
systems.
<2) The time needed to put into op-
eration a new treatment facility to re-
place an existing system which Is not in
compliance.
(3) Economic feasibility of compli-
ance.
§ 142.S3 Disposition of an Exemption
Request.
(a) If the Administrator decides to
deny the appHcation foi an exemption,
he shall notify the applicant of his in-
tention to issue a denial. Such notice
jhall include a statement of reasons for
the proposed denial, and shall ofler the
applicant an opportunity to present,
within 30 days of receipt of the notice,
additional Information or argument to
the Administrator. The Administrator
shall make a final determination on the
request within 30 days after receiving
any such additional information or argu-
ment. If no additional information or
argument is submitted by the applicant,
the application shall be denied.
(b) If the Administrator grants an ex-
emption request submitted puisuant to
5 142.51. he shall notify the applicant of
his decision in writing. Such notice shall
Identify the facility covered, and shall
specify the termination date of the ex-
emption. Such notice shall provide tnat
the exemption will be twminated when
the system comes Jr.to compliance with
the applicable regulation, and may be
terminated upon a finding by the Admin-
istrator that the system has failed ta
comply with any requirements of a flaal
schedule issued pursuant to 8 142.55.
(c) The Administrator shall propose a
schedule for:
(I) Compliance (including increments
of progress) by the public water system
with each contaminant level requirement
and treatment technique requirement
covered by the exemption; and
i2) Implementation by the public wa-
ter system of such control measures as
the Administrator may require for each
contaminant covered by the exemption.
(di The schedule shall be prescribed
by the Administrator within one year
after the granting of the exemption, sub-
sequent to provision of opportunity for
hearing pursuant to f 142.54.
2925
§ 142.54 Public Hes;!iif.s on Exemption
Schedules.
ia> Before a sciiodule proposed by the
Administrator pursuant to § 14ii.53 may
take effect, the Administrator shall pro-
Vide notice (aid opportunity for public
hearing on tha schedule. A notice given
pursuant to the preceding sentence may
cover the proposal of more than one such
schedule and a heaving held pursuant to
such notice shalJ iucluu-e each ot the
schedules covered by the notice.
Public notice of an opportunity
for hearing ">ri an ewMnrtion schedule
fihall be circulated in a intvuier designer!
to Inform irt«rt«ted and potentlnily in-
terested persons of the proposed sched-
ule, and .shall include at least the
following:
(1) Posting oi a nolice in the princi-
pal post oif/ce of each municipality or
area served by the public water system,
and publishing of a notice In a newspaper
or newspapers of general circulation In
the area served by the public water sys-
tem.
(2) Mailing of a notice to the agency
of the State in -which the system Is lo-
cated which is responsible for the Spate's
water supply program and to othnr ap-
propriate State or local nancies at the
Administrator's discretion.
(3) Such notice.', shall tni.lude a sum-
mary of the proposed schedule and shall
inform interested persons that they may
request a public r.eaiinG on the proposed
schedule.
of this section of any hearing to be
held pursuant ta a request submitted by
an interested person or on his own mo-
tion, Notice of tli® heariti? shall also be
sent to the person requesting the hear-
inev if any. Notice of the hearing shall
Include a statement of the .iitrpose of the
hearing, information wsavding the time
and location for the hearing and the ad-
dress and telephone number of an office
at which Intsrest'd person.* may obtain
further Information concerning the hear-
ing. At Itfast one hearing location speci-
fied in the public notice shall be within
rtDIIAL REGISTER, VOL. 41, NO. 13—TUI5DAY, JANUARY 30, 1976
-------
2926
the Involved State. Notice of hearing
shall be given not less than 5 days prior
to the time scheduled for the hearing.
(e) A hearing convened pursuant to ¦
paragraph (d) of this section shall be
conducted before a hearing officer to be
designated by the Administrator. The
hearing shall be conducted by the hear-
ing officer in an informal, orderly and
expeditious manner. The hearing officer
shall have authority to call witnesses,
receive oral and written testimony and
take such action as may be necessary to
nssure the fair and efficient conduct of
1he hearing. Following the conclusion of
the hearing, the hearing officer shall for-
ward the record of the hearing to the
Administrator.
§ 1 -12,55 Final Schedule.
(a) Within 30 days after the termina-
tion of the public hearing pursuant to
5 142.54, the Administrator shall, taking
into consideration information obtained
during such hearing, revise the proposed
schedule as necessary and prescribe the
final schedule for compliance and in-
terim measures for the public water sys-
tem granted an exemption under 5 142.52.
(b> Such schedule shall require com-
pliance by the public water system with
each contaminant level and treatment
technique requirement prescribed by:
(1) Interim national primary drinking
¦water regulations pursuant to Part 141
of this chapter, by no later than Janu-
ary 1,1981; and
(2) Revised national primary drinking
water regulations pursuant to Part 141
of this chapter, by no later than seven
years after the effective date of such
regulations.
Cc) If the public water system has en-
tered Into an enforceable agreement to
become a part of a regional public water
system, as determined by the Adminis-
trator. such schedule shall require com-
pliance by the public water system with
each contaminant level and treatment
technique requirement prescribed by:
(1) Interim national primary drinking
water regulations pursuant to Part 141
of this chapter, by no later than Janu-
ary l, 1983; and
(2) Revised national primary drinking
water regulations pursuant to Part 141
of this chapter, by no later than nine
years after the effective date of such
regulations.
Appendix A
Proposed National Interim Primary Drink-
ing Water Implementation Regulations were
published for comment on August 7, 1975,
40 FR 33228. Written comments on the pro-
posed regulations were Invited, and public
hearings were held In San Francisco and
Washington, D.C. A total of seventy written
comments were received: State agencies
(31). general public and public Interest or-
ganizations (20), local government (6), com-
mercial firms (4), Federal agencies (3), and
miscellaneous (0). In all, an aggregate of
over 350 discrete comments were contained
In the written submissions and In oral testi-
mony at the public hoarlngB.
As a result of these comments a number
of changes were made In the proposed regu-
lations. The principal changes are summar-
ized In the preamble to the final regulations.
The purpaso of this Appendix la to discuss
RULES AND REGULATIONS
the comments received on various aspects of
the proposed regulations, and to explain
EPA's response to these comments.
I. SUBPART A—DEFINITIONS AND COVERAGE
1. General.—A number of comments re-
quested that the definitions be alphabetized
and that where possible they use the same
language as the definitions contained In the
Interim Primary Drinking Water Regulations
(40 CFR Part 141). Both requests are re-
flected In the final version of th? Implomen-
tation Regulations.
2. Public Water System.—Three comments
were directed to the definition of a "public
water system" contained In § 142.2(c), Two
comments concerned the fact that the pro-
posed regulations expanded on the statutory
definition of the Act. The other requested
clarification concerning the coverage of em-
ployer-owned water supply systems which
provide drinking water to employees and
business visitors, and to coverage of gasoline
stations.
The reason for expanding the statutory
definition wm to express more specifically
the Congressional Intent. The statutory def-
inition, contained In 5 1401(4) of the Safe
Drinking Water Act, covers all systems with
at least 15 service connections or "regularly"
serving nt least 25 Individuals. The term
"regularly" Is not explained In the statute,
but the legislative history of the statute
makes clear that Congress Intended to cover
virtually all public accommodations which
have their own water supply and serve at
least 25 individuals. The proposed regula-
tions therefore explained "regularly" as
meaning "daily at least 2 months out of the
year." This time period was selected because
campgrounds and other public accommoda-
tions serving water for as much as two
months during the year appear to fall within
the classes of facilities Congress Intended to
cover. To clarify the meaning of the mini-
mum time period, the final version of this
definition Is expressed In. terms of 60 days
rather than 2 months. Thus, If a public water
system serves the requisite number of serv-
ice connections or persons for a total of 60
days during a calendar year, even If the serv-
ice Is Intermittent, It Is a public water
system.
It Is clear from the breadth of the defini-
tion of "public water system" in the Act and
from the legislative history that the coverage
of the Primary Drinking Water Regulations is
not limited to traditional water utilities.
Gasoline stations and factories as well as
campgrounds, traUer camps, parks, schools,
restaurants, motels and other facilities which
have their own water systems must comply
with the regulations If they serve the req-
uisite number of service connections or the
requisite number of persons.
Proposed ! 142.3 entitled "Scope," appar-
ently contributed to confusion over the
meaning of "public water system." That sec-
tion, which was taken from Bectlon 1411 of
the "Act," exempts public water systems from
coverage if four conditions are met. In re-
sponse to comments asking for clarification
of the section. It has been revised to make
clear that a public water system must meet
each of the four listed conditions In order to
be exempted from the regulations. Thus, a
public water system Is exempted only If It
consists -only of distribution and storage fa-
cilities and It obtains all of Its water from,
but Is not owned or operated by, a public
water system to which the regulations apply,
and It does not sell water and it Is not a car-
rier which conveys passengers In interstate
commerce. Interstate carriers, therefore, are
not exempted, even if they have only stor-
age and distribution facilities, obtain all their
water from a public water system and do
not sell water to tin* public.
Seven comments requested clarification
concerning primary enforcement responsi-
bility for interstate carrier conveyances. Four
of the States commenting felt that It would
be unrealistic to expect the State water sup-
ply agencies to monitor these conveyances
and suggested that EPA assume the re-
sponsibility. An addition has been made to
the final version of the section to place pri-
mary enforcement responsibility for inter-
state carrier conveyances with EPA. This
addition also clarifies the EPA-State re-
sponsibilities for Federally owned or main-
tained public water systems. Public water
systems on Indian lands over which a State
may not have appropriate Jurisdiction are
specifically excluded as a responsibility of
the State. EPA will also have primary en-
forcement responsibility for these systems.
3. "Maximum contaminant level" and "con-
taminant."—Thirteen comments concerned
the definition of "maximum contaminant
level" or the definition of "contaminant."
The definition of "contaminant" contained
in 8142.2(d) was criticized for Its breadth
and suggestions were made' to limit the defi-
nition to contaminants that may be hazard-
ous to the health of consumers. The term
as defined Includes virtually any constituent
in water, Including constituents considered
to be harmless or even beneficial. The defi-
nition was taken directly from Section
1401 (6) of the Act. It is not Intended to sug-
gest that all constituents in water are un-
desirable, but rather Is Intended to permit
the regulation of any constituent which may
be found to be harmful. The definition has
been retained as proposed.
A number of criticisms were directed at the
definition of "maximum contaminant level"
for requiring measurement of the level at
the "free-flowing outlet of the ultimate user
of a public water system." This definition
carries out the Intent of Congress that
"drinking water regulations are Intended to
be met at the consumers tap." (House Re-
port, p. 13) The purpose of the Primary
Drinking Water Regulations Is to assure that
water used by the public Is safe. This can be
assured only If maximum contaminant levels
are met at the tap. The proposed definition
did contain a provision that would exempt a
public water system from responsibility for
contamination of water which Is the fault of
the consumer, This provision has been re-
tained. The final definition contains minor
modifications in language to agree with the
definition contained in § 141.2(d) of the
Interim Primary Drinking Water Regulations.
(40 CFR Part 141)
4. "Sfafe primary drinking water regula-
tions".—One commentor questioned the pro-
posed definition of State primary drinking
water regulation as being "comparable" to
a national primary drinking water regulation
rather than "at least as stringent as" a na-
tional regulation. It would not be appropri-
ate to define a State regulation, because a
State regulation may not be at least as
stringent as a national regulation. That Is a
Judgement to be made by the Administrator
when the State program is submitted for ap-
proval. However, $ 142.10(a) makes it clear
beyond doubt that a State program cannot
be approved unless the State's primary
drinking water regulations are "at least as
stringent as" the national regulations.
n. PRIMARY ENFORCEMENT RESPONSIBILITY
1. General Comments.—The majority of
comments on Subpart B, "Primary Enforce-
ment Responsibility," were In general agree-
ment with the proposed regulations. How-
over, public interest organizations expressed
a desire for greater public participation In
State programs and a need for public access
to State and public water system records.
2. Sccffon 142.10, Requirements for a Deter-
mination of Primary Enforcement Respon-
FEDERAL REGISTER, VOL. 41, NO. 13—TUESDAY, JANUARY 20, 1976
-------
tibility.—One comment augmented that a
sixth basic requirement for primary enforce-
ment responsibility bo added to tills Motion
that would require a State to adopt a Free-
dom of Information Act no less stringent
than that of the Federal Government. While
we agree that pertinent information should
be made available to the ceneral public
(most States have already adopted a Freedom
of Information Act) wo feel It would bo con-
trary to Congressional Intent to add to the
five substantive conditions provided In the
statute. However, within these five condi-
tions, EPA la given a certain amount of dis-
cretion la specifying adequate enforcement
procedures and the conditions and proce-
dures by which the States will maintain
records and make reports. Accordingly, para-
graph (e) has been added to S 142.13 "Rec-
ords Kept by States" to require that records
maintained In accordance with 5 141.33 of
the Primary Drinking Water Regulations be
made available for public Inspection. The
State Is permitted the option of making
these records available to the public or re-
quiring the supplier of water to provide the
public access to those records the public
water system Is required to maintain in ac-
cordance with 5 141.33 of the Interim Primary
Drinking Water Regulations. In addition,
paragraph (d) has also been added to i 142.15,
"Reports by Statei," to require a State to
make its annual report to EPA available for
Inspection by the general public.
The same comments also criticized the pro-
posed regulations for providing for Insuffi-
cient public participation In major State
agency decision making. The commentary
cited the lack of public notification and citi-
zen suits provisions and suggested that
1142.10(b), as an adequate procedure for
enforcement, require each State to maintain
an adequate public participation program.
Section 1414(c) of the Act places the re-
sponsibility for public notification on the
supplier of water whenever a public water
system violates a Federal primary drinking
water regulation. The public notification re-
quirements are detailed in 1 141.32 of the
Primary Drinking Water Regulations, Con-
sequently, they were not Included In the pro-
posed Implementation Regulations. EPA be-
lieves however, that the intent of Congress
was for public notification to be a signifi-
cant element of enforcement. Subparagraphs
(b)(6) of *142.10 and f 142.11 have there-
fore been revised to require a State to adopt
Its own public notification requirements.
Moreover, It is Implicit in subparagraph (b)
(8) or 1142.10 that a State will require cer-
tain other legal authority In order to compel
compliance with the State primary drinking
water regulations. In response to a number of
comments, subparagraphs (b)(6) of
(1142.10 and 142.11 have been revised to
elaborate on what Is meant by "Statutory
and regulatory enforcement authority ade-
quate to compel compliance * • The
elaboration does not include a requirement
that State authority specifically provide for
citizens' suits. Citizens' suits can be brought
under section 1440 of the Act, but there Is
no Indication in the legislative history of
the Act that they should also be required In
State programs.
It Is also re commanded that the States be
required to establish and maintain a public
participation program and give adequate
opportunity for public participation In the
development ot State plant, including the
plan for provision of safe drinking water
under emergency circumstances required
under 1 142.10(e). To accomplish this it was
suggested that the proposed Implementation
Regulations establish regulations on public
participation similar to the regulations
adopted pursuant to PL 92-600. It should be
RULES AND REGULATIONS
noted, however, that regulations on pub-
lic participation adapted pursuant to Pit
02-500 were specifics!);/ required by the Act.
Section 101(e) ot PL 82-S00 provides that:
"Public participation In the development,
revision, and enforcement of any regulation,
standard, effluent limitation, plan, or pro-
gram established by the Administrator or
any State under this Act shall be provided
for, encouraged, and assljtcd by the Admin-
istrator ond the States. The Administrator
and the States shall develop and publish
regulations specifying minimum guidelines
for public participation m such processes."
No similar statutory requirement is contained
in PL 03-523, and the Intent In the Safe
Drinking Water Act is to provide the States
with maximum flexibility In establishing and
Implementing their programs. In comment-
ing on the 5 basic requirements for primary
enforcement responsibility and the Adminis-
trator's determination that a State has met
these requirements, the House Report (p.
21) states, "* • • the Committee Intends
EPA to exercise utmost care In passing upon
such applications and to deny an:* such ap-
plication only upon a clear failure by the
State to meet the requirements of this sec-
tion." Moreover, specific to the requirement
that a State have adequate enforcement pro-
cedures the House Report (p. 21) adds; 'Tor
the purpose of this section, the phrase 'ade-
quate procedures for the enforcement of such
State regulations' includes sufficiently ex-
peditious administrative and judicial au-
thortles and procedures to assure that. If
properly exercised, these procedures and au-
thorities will obviate tho necessity for Fed-
oral enforcement under section 1414. This
means that a State must be able to take
effective action within 60 day* after receipt
of a notice of noncompliance from EPA to
bring a system into compliance at the ear-,
liest feasible time."
EPA agrees in principal with the commen-
tary on a need to foster public participation
In the implementation of PL 93-533. The
. preamble to these regulations encourages the
States to foster public participation by es-
tablishing a State program activity tor pub-
lic participation and encouraging and as-
sisting public Input and Involvement In State
plans for safe drinking water. It is antici-
pated that this involvement will Include
input in the development of water supply
legislation and regulations; participation In
Statewide or areawlde planning and partic-
ipation in the planning for annual program
grants. However, for the reasons outlined
above, EPA believes that to require States
to maintain publia participation programs
as an enforcement procedure required for
primary enforcement responsibility U Inap-
propriate.
The Implementation Regulations, do pro-
vide an opportunity for hearing on any de-
termination by the Administrator granting,
denying or withdrawing primary enforce-
ment responsibility. In response to a number
of comments, the hearings sections of the
find regulations have been revised to better
Insure that notice of hearings reach tho
general public. In addition to publication In
the Fidcbal, Rcoistsr, all notices must now
be published in a newspaper of general cir-
culation In the area involved. SPA must hold
at least one hearing within the Involved
State.
Commenting on f 142.10(b) (3), a number
of States, asked for clarification concerning
EPA and State renponsibltitlsa on laboratory
certification. It is the intent of EPA to
certify at least tbe principal laboratory Is
each State with other laboratories to M
certified by the State laboratory or labora-
tories qualified to perform this function. The
2027
Agency la currently developing analytical
quality control guidelines for tho certifica-
tion of drinking water supply laboratories.
. Until sucb time that this program can be
established, subparagraph (b)(3) has been
revised to allow an interim laboratory "ap-
proval" by tho State If It becomes necessary.
It is also recognized that In a few States and
territories analysis of all samples required
by tho Primary Drinking Water Regulations
will bo performed In only one or two labora-
tories operated by the State and certified
by EPA. Subparagraph (b)(3) has also been
revtaed to waive the requirement for a 8tate
certification program in these cases.
A number of comments requested that
reciprocity be allowed in order for a utility
In one State to obtain laboratory analysis In
' another State, Tho regulations do not pro-
hibit reciprocity between States. Any State
may permit a public water system to obtain
sample analysis from laboratories in other
States provided those laboratories have been
certified under the provisions of subpara-
graph (b)(3).
3. Section 142.12, Determination of Pri-
mary Enforcement Responsibility.—A large
number of comments from both the State*
and public Interest organizations requested
the addition of a paragraph to { 142.12 that
would permit a State to relinquish primary
enforcement responsibility upon formal
notification to EPA. Consequently, para-
graph 142.12(c) has been added to permit a
State to relinquish primacy with a formal
notice to EPA at leant 00 days prior to the
effective date of the decision. The 90 day
time frame was supgeted by the majority of
tlie commenting States. One comment also
suggested that this paragraph contain as-
surance that there would not be a gap In
enforcement responsibility when a State sur-
renders primacy. This addition was deemed
, unnecessary, however, since the Act clearly
requires that EPA assume primary enforce-
ment responsibility at any time a State does
not have this responsibility.
Subparagraphs 142.12(b) (1) and (2) have
been revised to require the Administrator to
make an annual review of his determination
that a State has primary enforcement re-
sponsibility. Both States and public interest
organizations requeued the change. The for-
mer felt that a "periodic" review could re-
sult in unreasonable review frequencies and
the latter were concerned that determina-
tions would be reviewed too infrequently.
tn. FOBUC HEARINGS
A large number of comments were received
concerning the various public hearing provi-
sions of these regulations. Commentors sug-
gested that hearing procedures be more in-
formal and that more encouragement be
given to public participation. A number of
changes have been made to the hearing pro-
visions of the proposed regulations in order
to publicize and broaden the opportunity for
public participation. The specific comments
and changes are discussed in the preamble.
XV. SECTIONS 14S.14—SaKOBMI KBT «T STATU
AND SECTION 142.12—RIPOKTS BT STATC8
1. Records o/ Chemical Data.—A number
of comment* urged EPA to require that
' chemical data be kept for a period longer
.than 10 years. The period most frequently
"recommended was 3
-------
2928
RULES AND REGULATIONS
transferring Its chemical records to EPA after
10 years to satisfy the remainder of a required
40-year retention period. The longer reten-
tion period will also provide EPA with an Im-
portant data base for Its standards develop-
ment functions. Paragraph 142.14(c) has also
been revised to Include the same requirement
for inventory records.
2. Records of Variances and Exemptions.—
Several comments pointed out that retention
of variance and exemption records for 10
years Is not necessary and suggested that they
bo retained for 5 years following the expira-
tion of a variance or exemption. EPA believes
this Is a more meaningful requirement, par-
ticularly In the case of variances. A variance
may be in effect for a period longer than 10
years, thus creating a situation where rec-
ords collected during the first years of the
variance could be destroyed. Therefore, para-
graph 142.14(e) of tho revised regulations
require that records pertaining to each vari-
ance or exemption be retained for at least
6 years following the expiration of such vari-
ance or exemption.
3. Public Access to Records.—One comment
recommended that records required to bo
kept by the States under J 142.14 and re-
ported to EPA under the provisions of 5 142.-
15 be made available to the public. Most
States now have a Freedom of Information
Act, and reports submitted to EPA will be
available to the public under tho Federal
Freedom of Information Act. To ensure, how-
ever, that the public will have access to this
Information, paragraph 142.14(f) of the final
regulations has been added. This paragraph
gives a State the option of making these rec-
ords available to the public or requiring the
supplier of water to give the public access to
those records the public water system is re-
quired to maintain in accordance with S 141.-
33 of the Interim Primary Drinking Water
Regulations. Paragraph (d) has also been
added to 5 142.15 to require that the annual
report submitted by a State to EPA be made
available to the public by the State at one or
more locations within the State.
4. Date of Annual Report.—The principal
criticism of J 142.15 concerned the date for
submission of a State's annual report to EPA.
A large number of States felt that the Febru-
ary I deadline for submission of an annual
report covering the preceding calendar year
was unrealistic since only 30 days would be
available to develop, assemble and submit the
report. A number of States recommended
that the annual report cover the Federal fis-
cal year period. These points are well made.
Paragraphs 142.16 (a) and (b) have been re-
vised to require that the States submit an
annual report to EPA by January 1 of each
year covering the Federal fiscal year end-
ing September 30.
5. Reports on Variances and exemptions.—
Paragraph (c) of J 142.16 requires a State to
notify promptly EPA when it grants a vari-
ance or exemption. One comment expressed
an opinion that the word "prompt" needed
further definition. It Was further suggested
that a State report "Immediately" variances
and exemptions granted for violations ot
maximum contaminant levels for carcino-
gens, and all other contaminant levels in ex-
cess of 1207c of tho limit; and report "quar-
terly" those variances and exemptions
granted for violations of maximum contam-
inant levels less than 120% of the limit,
•Trompt notification" is tho language of the
Act and the statute requires that EPA be
promptly notified of all variances and exemp-
tions granted regardless of the degree to
which the contaminant level is exceeded.
While the word "Immediate" may convey a
greater sense of urgency, EPA does not be-
lieve there la any significant justification for
the change.
V. SUBPART D FEDERAL ENFORCEMENT
1. Public Water System Violation.s.—A
number of criticisms were directed at the
language of $ 142.30(a) which provides that
the Administrator notify a State when he
finds that a public water system within the
State la not In compliance with any regula-
tion or provision of Part 141 of the Primary
Drinking Water Regulations. The Intent of
this section was to confine the action taken
by the Administrator to specific violations of
the primary drinking water regulations.
Paragraph (a) has been revised accordingly.
2. Notice to a Supplier of Water.—One
comment noted that the supplier of .water
is not notified of Impending action by the
AdmlnLstrator until 30 days after the Ad-
ministrator has given notice of the non-
compliance to the State (S 142.30(c)). Para-
graph (a) of 5 142.30 has been revised there-
fore to require that. In addition to notifying
Mie State, the Administrator notify the sup-
plier of water of his finding of noncompli-
ance.
3. Pub/ie Hearings to Assist Compliance.—
A number of comments were directed at the
fact that paragraph (a) of 5 142.33 did not
specify the method for the notice of a public
hearing. The revised paragraph now provides
that such notice will be published In the
Federal Register and in a newspaper of gen-
eral circulation or by other appropriate com-
munications media covering the areas served
by the public water system.
VI. SUBPARTS C, E AND F VARIANCES
AND EXEMPTIONS
1. State-Issued Variances and Exemp-
tions.—One comment expressed criticism of
the proposed regulations for not making the
regulations on variances and exemptions,
contained in subparts E and F, applicable
to the States. Section 142.20 requires only
that variances and exemptions Issued by a
State bo Issued under conditions and in a
manner no less stringent than those pro-
vided for in sections 1415 and 1416 of the
Act: The commentary was concerned In par-
ticular with the manner In which a State
would define the requirement In sections 1415
and 1410 of the Act that states, "the state
shall provide notice and opportunity for pub-
lic hearing."
In proposing the regulations on variances
and exemptions a number of factors were
considered. Section 1413 of the Act specifies
5 substantive conditions for primary enforce-
ment responsibility. For two of these condi-
tions—enforcement procedures, and record-
keeping and reporting—EPA is specifically
expected to elaborate on the requirements
by regulation. The condition concerning
variances and exemptions only provides that
a State allow them under conditions and In
a manner no leas stringent than those spec-
ified under sections 1415 and 1418 of the
Act. These two sections of the Act provide
detailed direction. In consideration of this
and in keeping with Congressional Intent to
provide the States with maximum flexibility
• in implementing the Safe Drinking Water
Act, the final regulations do not impose ad-
ditional requirements for variances and ex-
emptions on the States. It is expected that
the States will establish procedures for pub-
lic hearings that will encourage public par-
ticipation. Should a State abuse Its discre-
tion in granting variances and exemptions,
lnclitdtng inadequate provision for public
hearings, EPA may commence action leading
to the eventual revocation of a variance or
exemption and schedules.
a. Notice to State—Section 142.23 of these
regulations requires the Administrator to
notify a State when he finds the State has
abused Its discretion In granting variances
and exemptions and hold hearings on his
findings. Section 142.24, "Administrator's Re-
clslon" provides for the Administrator to
rescind his finding on a variance, exemption
or schedule if a State takes corrective action
before the effective date of the revocation
or revised schedule. One comment suggested
that the Administrator also rescind his no-
tice to a State if the State takes corrective
action prior to the hearing. This recommen-
dation has been accepted. Paragraph 142 23
(b) has been revised accordingly.
3. Variances and Exemptions Issued by the
Administrator.—The principal comments on
subparts E and F concerned the hearings pro-
visions. Comments and changes to the final
regulations on the hearing sections of these
regulations have been discussed In the
preamble.
One comment criticized the variance re-
quest section for its complexity and felt that
a State should be able to grant variances and
exemptions without a request from the sup-
plier of water. It should be pointed out again
that subparts E and F contain those proce-
dures and conditions under which EPA will
grant a variance or exemption if the Agency
is required to assume primary enforcement
responsibility in a State. Sections 1415 and
1416 of the Act, under which a State will be
granting variances and exemptions, do not
require that the request be initiated by the
supplier of water. In fact the regulations
under which EPA will operate does not pre-
vent the Agency from granting a variance or
exemption without a request.
Another comment requested that the term
"unreasonable risk to health" be clarified. It
was recommended that criteria for both
chronic and acute health risks be developed
and included in the regulations or as a sep-
arate set of guidelines and crlterfa. EPA has
been considering the need and feasibility of
developing such criteria, and may issue cri-
teria at a future date In the form of pro-
gram guidance.
Appendix B
ECONOMIC CONSIDERATIONS
NATIONAL INTERIM PRIMARY DRINKING WATER
REGULATION S
IMPLEMENTATION AND GRANTS FOR STATE PUBLIC
WATER SYSTEM
SUPERVISION PROGRAMS
The estimated cost Impact of the Imple-
mentation and Grant Regulations on State
water supply programs are based primarily
' on Information collected by the EPA Water
Supply Division over the last 8 years. This
Includes the Community Water Supply Study
which was completed in 1970 and 13 State
water supply program evaluations conducted
by EPA's Regional Offices. In 1971 the Water
Supply Division compiled a paper on State
program budgets from Information obtained
from the States by the Regional Offices. In
1D73 the Water Supply Division, with the
assistance of the Conference of State Sani-
tary Engineers, developed a "rationale" for
estimating state water supply program costs.
Twenty-six States responded to a request
from CSSE to estimate costs for a satisfac-
tory program based on the "rationale."
With the information obtained from these .
sources the Water Supply Division developed
and published a "Manual for the Evaluation
of a State Drinking Water Supply Program"
in 1074. Concurrently with the development
of this manual the National Sanitation
Foundation developed a manual containing
staffing and budgetary guidelines for State
water supply programs. Both publications
are utilized extensively for the rationale, as-
sumptions and procedures used in develop-
ing the cost estimates given below.
FEDERAL REGISTER, VOL 41, NO 13—TUESDAY," JANUARY 10, W6
-------
RULES AND REGULATIONS
2929
Estimated costs lire bused on prop rum ac-
tives and staffing needed by the States to
Implement the Safe Drinking Water Aot.
These costs relate principally to a level of
program capability that will be needed to
meet the conditions for primary enforcement
responsibility contained In the regulations.
The six principal activities of a State pro-
gram used to derive these costs estimates
are (1) surveillance and technical assistance,
(2} laboratory certification, (3) enforcement,
(4) data management, (5) laboratory capa-
bility, and (6) administration ajid program
development. The key program element in-
fluencing the phased approach to the State
program cost estimates Is surveillance and
technical assistance. The estimates reflect
a phased buildup of program capabil-
ity to conduct sanitary surveys and pro-
vide technical assistance to public water
systems. It Is assumed that Initially sanitary
surveys would be conducted at the larger
community systems that use surface water
sources and at systems that fall to comply
with the Interim primary regulations. Sanl-
uslng groundwater mid at small systems
serving the traveling public would be con-
ducted ae State prof.ram capability lncrensea,
The costs reflect the fiwiumptlen that by 1981,
a State will bo conducting an average of one
annual sanitary survey lor each community
water system and non-community surface
water system and /in average of a biennial
survey lor each non-community ground
water system.
Estimated total costi to the States for the
six principal activities In FY 76 and FY 77
are $22 million and $33 million respectively.
By the end of the assumed 6-year phase-in
period State program costs would reach an
estimated $57 million annually.
These preliminary estimates of costs to the
States do not appear excessive or Inflationary.
It is estimated that the States are currently
spending $17 million annually on water sup-
ply activities. This includes some $4 million
to $5 million for routine monitoring.
The additional cost of routine water quality
monitoring of public water systems required
by the Interim primary drlnKlng water regu-
lations have not been included in these esti-
mate*. The Interim regulations place the
responsibility for this monitoring on Uio
public water systems. Although it Is the
Congressional Intent that the supplier of
water bear the responsibility for the cost of
routine monitoring, many states presently
perform some degree of routine monitoring
at no charge to the public water system.
This Is particularly true for the smaller sys-
tems. Based on the monitoring requirements
of the Interim primary regulations, the In-
creased annual monitoring costs are esti-
mated at $14-$30 million. If the analyses are
performed at State laboratories the cost will
be at the low end of the range. Utilization of
commercial laboratories will result In the
higher cost.
It Is estimated that the States are cur-
rently absorbing 50 percent of all costs for
public water system water quality monitoring
now conducted. As the Interim primary reg-
ulations' requirements Increase the analyti-
cal work load, It Is expected that the States
will shift the cost of routine monitoring tut
quickly as feasible to the publlo water sys-
tems In accordance with the Congressional
intent that the systems bear the full cost of
routine monitoring.
tary surveys of community water systems
Tabus 1.—Estimated State water supply program costs for GO State*, territorial jurisdictions and the District of Columbia
W7 1*8 IJM ^
rrogrom activity ' M.lllon Man-year's luillo.. ^n-yo*rs Man-y,,*, Million Mon-year, Mliilun Man-year, MliUon Mnn-yean
Engineering surveillance and . . „
technical resistance $4.1) 245 >9,8 4!t0 $14.7 73S A
laboratory cartllicatlon 1.3 ' 60 1.3 l.S «l 1.1
Enforcement 8.7 234 3.7 234 3.7 231 &.»
JDnta management.. ... 3.2 ltlt 6.0 20H ft-tf SON fi-W
Laboratory 2. 'J 2tt> 2. U 2IKI 2.1* -I'D 2. U
Subtotal. 16.0 «54 23.S 1,252 2W.5 1,4'J7 37.0
Administration and program ... ...
development 6.4 23s' B.4 318 11.4 374 14.8
Total .... 22.4 l,m 33.0 1,805 811.8 1,871 61.8
1 Co«t, 40 percent of activities 1-4; manpower, 28 percent of activities 1-i,
i, engineering SURVEILLANCE and tbchnical on the planning, design, operation, malnte-
assistance nance, treatment, etc. of a water system.
. . jti Bacteriological and chemical data must be
Required Activities reviewed for each water system as well as
(1) Sanitary Surveys. plans and specifications for construction of
(2) Review of Design and Construction. water system facilities.
(3) Variances and Exemptions. A practical and convenient approach to
(4) Technical Assistance. developing cost estimates for the sanitary
(6) Inventory. survey and its related activities is to define
The principal element of this activity is the costs In terms of an Average cost per
the sanitary survey. The Implementation system. Based on past Office of Water Supply
regulations require, as one of the conditions experience, this activity wlU require an aver-
for primacy, that a State adopt and maintain age of 4 man-days per year for each com-
a program for conducting sanitary surveys munlty system, 1 man-day per year for each
of public water systems, with priority given non-community surface water system and
to sanitary surveys of systems not in com- Va man-day per year for each non-community
pltance with State primary drinking water ground water system.
regulations. The EPA Implementation regulations will
The following calculations develop costs permit the States to develop their own
for a systematic program of sanitary sur- procedures for granting variances and ex-
veys that will phase this activity in over a empUons so long m they are granted in ft
period of 6 years following the effective date manner and under conditions that wo con-
of the National Interim Primary Drinking slstent with those specified In PL-93-523,
Water Regulations June 1977) and will give This element of a State program will in-
first priority to the larger community sys- elude both engineering surveillance and en-
terns and those systems not In compliance for cement activities. The engineering sur-
wlth State primary drinking water regula- velllonce activities will be closely related to
tiona. the sanitary survey. For this reason the cost
The sanitary survey is broader m Bcope for the following activities are Included: (1)
than ¦ field visit and inspection of water collect sufficient technical data and Jnforma-
system facilities. Technical assistance must tion on a system (including on-site evaluft-
be provided to water system personnel not tion) to determine if a variance or exemp-
only during the field visit but in the form tion should be granted. (3) Determine if tlie
of follow-up reports and periodic assistance granting of a variance or exemption will re-
l.flno
3m
2«0
f24.0
i.a
S.9
6.0
2.9
1,150
3iVI
iMO
1,044
40.6
2,004
40.6
2,0114
48ft
1ft. 8
526
10.8
&20
2,429
47.4
2,620
67.4
2,020
suit lu on unreasonable risk to the health of
water system users. (3) Propose compliance
schedules for variances and exemptions In-
cluding Interim control measures for con-
taminants. <4) Conduct on-site assessments
of eaah system's "incremental progress" in
complying with a schedule. (6) Provide tech-
nical assistance to each system. 10) Review
plans and specifications for construction of
facilities required to bring a system into com-
pliance.
assumptions
(1) Basic workload Indicator—number of
systems.
(2) 4 man-days for community systems—
1 man-day lor non-community surface
water system and Vi man-day for non-com-
munity ground water system.
(3) Cost per man-year is $20,000 (salary,
travel, and one-third man-year secretarial
support).
(4) 230 man-days per man-year.
(5) Sanitary surveys phased tn over a year
period.
(S) Costs based on 40,000 community sys-
tems and 200,000 other pubtla systems.
(7) 20% of community systems and 5%
of other public systems have surface sources.
(8) Avenge of an annual survey for each
community and non-community surface
water system and biennial survey for other
system by end of s year phase-In period.
FiOERAl REGISTER, VOl. 41, NO, 13—TUSS0AY, JANUARY 20, 197ft
-------
RUIES AND REGULATIONS
Attumtd tchtduU of military rurvty*
Number
of
systems
Number
of
man-days
1, Community (unrffcrv)
Community (ground wat4»).
R, 000
5,500
3?, 000
22,000
Year totals
13,500
M, 000
2, Community (ffronnd vat*-*).
Community (surface)
19, 000
8, uoo
7rt.onn
32, 0110
Year totals
27,000
lOB.OOO
S, Community fall)
Noncommauity (surface)
40,000
2,000
ton, noo
2,000
Year total*
42,000
lft2,000
4. Community (nil)
Noneomnmnlty (surface)
Noucammuulty (ground)
40, 0O0
10,000
R0. 000
IftO (ViO
m.ono
50,
Year totals
100,000
220,000
5. Community (nil).
Noncommuiilty (surface)
Noncommunlly (ground)....
40,000
10, 000
M, 000
ir>n, ooo
10. 000
ys, ooo
Year totals
145,000
2fW. 000
fl. All pul>llc system#
145,000
2(15, 000
Summary of resources—Engineering surveil-
lance and technical atsuUanct
Ynar
Man-year
Cost (million* of
* dollars)
1
245
4.9
2
4'U
0.8
3
730
14 7
4
lono
20. 0
5
ll.V)
1!4. 0
(J
ilia
24.0
n. LABORATOBT CERTIFICATION
Required Activities.—A principal activity
of a State water supply program will bo the
approval and certification of laboratories
conducting analysis of water samples re-
quired by the primary drinking water regu-
lations, The Interim Primary Drinking
Water Regulations specify that samples will
be used for determining compliance only 11
they have been analyzed by a laboratory ap-
proved by the State. Coats nrc estimated for
3 activities:
<1) Certification of bacteriological and
chemical laboratories.
(2) Certification of water system operators
responsible for making required turbidity
measurements.
<31 Analysis of samples for quality control.
Bacteriological Laboratory Certification.—
Based on the sampling requirements of the
Interim primary regulations the following
table Is an estimate of the number of bac-
teriological samples required annually for
community water systems.
System sir.j.
ATeraw
monthly
sampling
frequency
Number
of systems
Nllmbfr of
samples
rr quired
per yoar
(all systems)
N umber of
systems with
current laboratory
capability
(number of
samples required)
£5 to 90 persons : 1
li)0 to <00 1
MO to WJ 1
1.nno to 2.4W 2
2.riOO to 4.OT *
S.oon lo D.tffli R
l(>,fwno;4,wo 17
2J.OOO to 4ft
SO.OKI to WI.1KI0 7r>
ino.d*) to 24H,'XJO 120
sw.nno to 4W.WB iw
sm.m to W.9TO 2M
Over 1,000,000 430
Total
A, 414
7fi. 06*
•242
<2,004)
35.003
1R0.030
5. 5«>fi
*7,176
Ntt
(2.02ft)
5.349
12K, 370
31ft
(7,632)
2. CAM*
12V,41*)
261
(12,072)
1,052
1R7, 3''2
2',»t
(27,030)
1, CM
33'», 4,r»rt
314
(64.056)
705
33S.40U
17 'J
(85,020)
353
317,700
m
(104,400)
178
250,320
K7
to,280)
4f>
105, M0
40
(SO, 400)
28
81,000
ta
(54,000)
31
5(i, 760
V
(40, 410)
40,000
1, 4'jH, 470
2,047
(619, 60S)
•Estimate also Includes capability for tlie 100-4W system silo.
The Interim primary regulations also re-
quire that 200,000 other public systems sam-
ple quarterly but allow the States to modify
this frequency based on a sanitary survey.
The maximum number of samples required
per year Is 800,000.
ASSUMPTIONS
Based on tha current EPA Inventory of
community water supplies, 2,047 of the 40,-
000 systems now conduct their own bacteri-
ological analysis.
(1) 2,047 community water systems will
maintain their own bacteriological labora-
tory.
(S) The States will certify each of the
3,047 water system laboratories annually.
For systems with a population of 1,000 or
more, quality control samples will be an-
alyzed monthly at the rate of S% of the re-
quired number or a minimum of 2 per
month, whichever la the greater number.
For systems serving a population of less than
1,000, quality control samples will be an-
alyzed at the rate of 1 per month.
(3) state, local government and commer-
cial laboratories will analyze samples for
the other 38,000 community systems and
200.000 other public systems on a fee basis.
These laboratories will be certified trlennlally
and quality control samples analyzed on a
quarterly basis.
(4) Due to the small number of samples
that will be required from the other 38,000
community and 200,000 small systems (less
than 100 samples per day per average stBte)
few bacteriological laboratories will be re-
quired. There are however a large number of
local health departments that wilt analyze
small numbers of samples from the small
public systems. Cost estimates will be based
on the assumption that at least one bacteri-
ological laboratory will be available for every
4 counties In the U.S. (1000 laboratories).
The average laboratory work load will be
approximately 8 samples per day.
FEDERAL REGISTER, VOL. 41. NO. 13—TUESDAY, JANUARY 20, 1976
-------
RULES AND REGULATIONS
2031
(S) Each water Rystem laboratory will be
approved and certified annually at * cost of
(300 per laboratory (3.6 man-days) and each
of the county and commercial laboratories
will ba certified triennially at the rate of
9480 per laboratory (6.B man-days).
fALCCT-ATIONS
1. Culift cation of wain ii/tlcm lalmalorltt
2047 lah»X3.5 man-days _ n #
220 nmn-Uoys/yoar
2,047 lal>sXM00/lalMratory»S#14,000
2. Certification of Commtrcittl and othtr laboraloritl
5.5 man-day*
1,000 laboratories X j
220 man-doys/ycar
=s3.4 wan-ywre/ycar
1000 labs = $100,000
ft, U»ui>iy (antral Qmilvth M Mwufwln
F fiUm sit«
X urr trl
of S79tns«
Nucnt«r of
montn/sysUm
Xttutar of
sbjti; >«
p«r ynr
25to»W
I AG 10 49,W
*0.000 to W.W9...
JiO.OOO to 24%W9.
2.W.CI00 to
£00,000 to 9W,OU0.
Ov«r 1,000,000.
Total
411
3,306
m
87
40
1ft
1>
1
2
4
6
ft
12
21
4,033
fc>,7M
6.M8
t,m
4,820
2,692
2,208
2,047
08,728
Cost:
68,723 8funplesX$5/sftinp]e»»$293,M0
Manpower:
—^^X58,72a "VpS&Z-lM man-yeara
>20,u*J/id an-ycare/year
4. Quality control analytllfor otter laberalmkl
Cost:
4 nam pies/year XI,000 laboratories™ 4,000 nuuples/ycar
4,000 5omple certified
triennially.
(4) Cost of certification—$480 per lab (8.6
man-days).
(5) Quality control analysis—one sample/
yr/lab at t226/sample.
CALCULATIONS
(a) Certification:
6.5 niaii-doysAabomlory
100 laboratory! X j
•183 man-days-0,8 man-yoars
MSO/laboratory XIAO laboratorya-Jl«,000/year
3
(b) Quality control analysis:
100 labors torysXl sampl(7yoarX}220/saint>lo
¦»$22,000/ycar
100 laboratorysXS.W man-days/Mini 1 >lo~365 man-days
¦ 1.0A man-years
Total eosl-tSH.SOO/ycar
Manpower-2.40 man-ymrs
Operator Certification for Turbidity Meas-
urements.—All surface water systems (8.000
community and 10,000 other public systems)
will be required to make dally turbidity
measurements,
ASSUMPTIONS
(a) The States will conduct '/a day courses
every 3 years to train and approve one opera-
tor from each of the 18,000 systems.
(b) Each class will train 36 operators.
(c) Cost—$30 per operator per class.
Cost:
CALCUUTIONS
0,000 operaloro/yearXWcpm lor-Jltw.ooo/yrar
Manpower:
HM.QOO/yrar _
J20,000/man-year/}'car ~ ® man-yeais
Summary—Laboratory certification
Cost
(dollars)
Manpower
(Man-Yeara)
Baclorloloplcril laboratories:
Water utility JW7.740
Commercial. 180,000
Chemical laboratories. , SH, 6i»)
Operator (turbidity) 180,000
Totals... 1,100,340
W,«
XfflJ
2.411
11.00
00.30
til. ENrORCEMKNT
acquired Activities.—This program ele-
ment will include 2 major activities; (1)
administrative or Judicial action with respect
to public water systems not In compliance
with tho State primary drinking water regu-
lations (2) granting of variances and exemp-
tions from the State primary drinking water
regulations. Other activities will include the
development and evaluation of basic water
supply legislation, regulations and policies,
and action taken under the emergency pow-
ers provisions of PL-D3-623.
The EPA Implementation regulations will
permit tho States to develop their own pro-
cedures for granting variances and exemp-
tions so long as they are granted In a manner
and under conditions that are consistent
with those specified in PI/-93-623.
1. Variances and exemptions:
(a) Ah»h«h data and Information on a t,yn-
t-rm t>> ddnrmliio 1/ a variance or Mriui>tl«n
(¦bould be granted.
(b) Give notice and provide opportunity
for public hearings on each variance and
hold hearings.
(c) Prescribe compliance schedules.
(d) Give notice and provide an opportu-
nity for public hearings on each compliance
schedule and hold hearings.
(o) Develop a file and document the need
for each variance or exemption.
(f) Monitor each Bystem for "Incremental
progress" in complying with a schedule.
2. Non-Compliance: Take necessary Judi-
cial or administrative action with respect to
public water systems not In compliance with
the State primary drinking water regulations.
3. Other Activities: (a) Emergency powers-
orders, Injunctions, civil actions.
(b) Development and review of water sup-
ply legislation.
ASSUMPTIONS
Costs for State enforcement can be esti-
mated using two basic approaches. (1} An
estimate of the number of man-years re-
quired tor each detailed activity such as the
number of variances and exemptions granted,
number of hearings held etc. (2) An estimate
of the minimum s1j» and type of staff re-
quired to handle this type of activity in a
typical State.
Costs for this activity are estimated using
the latter approach. The first method Is sub-
ject to too large a number of variables, it Is
difficult to estimate, with any degree of
certainty, the number of variances and ex-
emptions that will bo requested. It would
also be dimcuit to determine the number
and duration of hearings required. The State
is only required to provide an opportunity
for public hearings on variances and ex-
emptions. Hearings may also bo held for more
than one variance or exemption at one time.
Furthermore It would not be possible to de-
termine with any degree of accuracy the
number of systems for which tho state will
have to seek enforcement action for non-
compliance.
1. A typical State water supply progrom
enforcement activity will require as a mini-
mum the following staff personnel during
the period 1976-1878. This will enable a
State to develop and evaluate basic water
supply legislation, regulations, and policies,
and implement and enforce the State's in-
terim primary drinking water regulations.
Salary costs
Personnel (man-years): per annum
Senior attorney (1) $20,000
Administrative law judge
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RULES AND REGULATIONS
2. It Is expected thnt enforcement staff
activity will' increase ul.tn tlie stale's revised
primary drlnlilUR water regul.itlons become
effective in 1Q79. A typical State will add
a Junior lawyer, clerk, secretary find full-
time administrative law Judtje in 1919.
Personnel Salary costs
(man-years): per annum
Senior attorney (1) $20,000
Junior attorney (1) 15,000
Adminl.stratlvc law Judge (1) -- 23,000
Engineer (1) 15,000
Clerks (2) 13, 000
Secretary (2) 14,000
Totnl (7) 107,000
3. Each program will contract for yri num-
yenr for a clerk -stenographer to record hear-
lnp-t and civil proceedings an $12,000/man-
year.
4. 4S days of per diem and travel, per year
will lie retired each for 4 persons (lawyer,
law judge, engineer, stenographer) to attend
hearings and other proceedings at a coat of
S40 dny/person.
5 Each territory and the D.C. will require
i/3 of the enforcement coat of a typical State.
CUMULATIONS
l. Tost fur
(a) I'"r--""i't;
»fiJ,500XSO-t3,l7»,000
$^ynnxii_ i?7,non_
"3 ~ $3i 30?, 000
(b) Travel and Per Diem
f-in'diy/prrwnX15 ilaysfycarX4 persons "=£7,200/y par
5(1 SUilwXV.S'/i/yrar-fMG.OW
14.000
njiirl ¦idiot lonsX7,200/ycar = J3;7"|7K>
Anmml Totals for years 1978-1078—$3,070,00#
i Co.) Travel and Per nicm
MiV'lay/IXTson X4A days/yi,arX4 |>orroitS""$7,2<>0/year
80 8tat«X7,2UO/ynar-$3fl01i)00
nX7,»n/y«-nr_ H,jvw_
» ~ $374,000
Annual Tutula (ur Yoorj 107ft lWl-$S,!liS,000
IV. DATA MANAGEMENT
A. Jleflfuireil Actlufttej.—In order to obtain
primary enforcement responsibility, a State
will be required to collect, evaluate and main-
tain data obtained from public water sys-
tems pursuaut to the requirements ot the
Primary Drinking Water Regulations and
report to EPA on a number of its activities.
1. Data Collection, Evaluation and Main-
tsnancr.—(n) Bacteriological and chemical
data from public systems pursuant to the
requirements of the primary drinking water
regulations.
(by Inventory of public water systems,
(c) Reports ot sanitary surveys.
(d) Records of any State approvals.
2 cassette tape data entry terminals at $165/
month/terminal, 1 printer at S900/month;
1977-78—3 cassette tape data entry terminals.
Stfclra:
Personnel
Eqnlpmnut.....
I,li»o lluio
Total
Territorial jurisdictions and District of Columbia.
National totals
Mtn-7«art
Coflt
1976
m
54, IM,
W7710 im
W
5,«Vj?,5r SUte
ly7u-l'.tSt: ft iiiuii-ytMirs iuuI 5;i'/],(>>() jier Stute
2. Jjiuipmrtil
1071V
1 -itrv 1 »rniln*V $lft.VmnnttiXl.lXl2 mcmlh/yonthX3Xl2 month/year -
$5,01fl/ycar
Printer: tOOO/mnnthXIS manth~J101SM/year
Snl itot til=$1B,740/y<>(ir
lCT-msl:
Entry terminals: IlGVmontliX4X12months«tT,P20/
yoor
PrlriU*r»>$10,S00
Subtotal =$18,720
3. Dctta IraTitinitiion end Tftrlftvl
W7fl:
Data Input: V* lir/ilayX220 dnys/yaarXfl00/bour«"
$ll,(XKVyt>ar
Untriuval: H l>r/
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RULES AND REGULATIONS
in the laboratory certification section. Spe-
cial non-routine sample analysis will Include:
(1) Collection and analysis of samples to
support testimony at public hearings and
enforcement actions against public water
systems.
(2) Special studies such as studies of
reservoirs and watersheds,
(3) Sampling and analysis during emer-
gencies such as natural disasters,
(4) Analysis of samples from public water
systems to support actions against hazardous
materials spills.
assumptions
Since the number of samples that would
be analyzed under this activity cannot be
estimated with any degree of accuracy the
cost estimates are bated on the cost of the
smallest laboratory staff capable of main-
taining nn activity. Cost of laboratory equip-
ment is not Included. In most cases, however,
State Water Supply Programs either have
their own equipped laboratory or have access
to combined facilities for other environ-
mental programs. In any case the amortiza-
tion of major laboratory equipment would
result in an annual cost that would not
be substantial In relation to personnel costs.
1. A typical State Laboratory will have one
chemist and a laboratory aide tor the chemi-
cal laboratory section and one microbiologist
and a laboratory aide for the bacteriological
laboratory section. One secretary will be
shared by the two sections.
Annual salary/
persons
1 Chemist »1G, 000
1 Microbiologist 15,000
a Laboratory aides (each) 9,000
1 Secretary 7,000
Total annual personnel costs. 55,000
Man-years—5.
2. Each of the 5 Territorial Jurisdictions
and D.C, will require '/¦, the cost of a typical
State.
CAUDI.AT10NS
M*ii|iow'cr:
5 i»rsons/l«lioi,ii|ofyX^',>f HtutciH- jjjurlsclk'tlims)
-aid nmn-yrura
Cost:
^ fo 'Sir.'.!j )uil,v.lu 1 ic>!is^ "¦}•>,SGrt.OU)
VI. administration and program
development
Required Activities.—This program activity
will plan, develop and coordinate program
activities described In the preceding sec-
tions. Tills activity will include the develop-
ment and evaluation of stalling, budget and
equipment needs and provide general pro-
gram direction and supervision.
ASSUMPTIONS
1. Costs for tlvls activity will Include:
(a) Salaries and travel for administrative
personnel.
(b) rorsoiinol, accounting and purchasing
services.
(c) Overhead—rent, utilities, equipment,
supplies, printing and maintenance.
(d) Employment benefit.; for in.iuranre,
social security, medical care, and retirement.
2. Based on past water BUpply program ex-
perience the man-power requirement will bo
estimated at ZS percent of the man-power
requirement for (jhe other program activities
and the cost will be estimated at 40 percent
of the cost of the other program activities
The rationale for these figures is contained
on pages 27-2Q of the Manual for the Evalu-
ation of a State Drinking Water Supply
Program,
References
1. A Manual for the Cualiiafion o/ a Stale
Drinking Water Supply Program, Environ-
mental Protection Agency, no. 430/9-74-000.
1074.
2. Staffing and Budgetary Guidelines for
State Drinking Water Supply Agencies, Na-
tional Sanitation Foundation. May 1074, Ann
Arbor, Michigan.
3. Economic Evaluation oj the Interim Pri-
mary Drinking Water Standards, EPA con-
tract No, 08-01-3805, October 1975, Energy
Resources Co. Inc., Cambridge, Mass.
[FR Doc.75-1448 Filed 1-19-73;8:45 ami
ttOOAl REGISTER, VOU 41, NO. 13—-TUESDAY, JANUA*Y 20, 1974
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APPENDIX D
GROUNDWATER QUALITY PROBLEMS IN OREGON
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GROUNDWATER QUALITY PROBLEMS IN OREGON
Beginning at the northwest corner of the State, the area of Clatsop,
Columbia and Washington Counties north of the Sunset Highway is either
deficient in ground vater or the ground vater that is available is high
in sodium chloride and other minerals such as iron and manganese. This
is ancient vater and the minerals in the ground vater has "been leached
from the soils. There is little, if any, recharge of the ground vater
in these three counties.
In the vestera portion of Clatsop County, there is some ground vater
in the dunes along U.S. 101. The U.S. Geological Survey has estimated
there is approximately 10 million gallons per day available with a
reliable source of about 5 to 5§ million gallons per day in the sand
dunes "between U.S. 101 and the foothills. The dune water "between the
beach ana U.S. 101 is high in iron and must be chemically treated. If
more than the 5J- million gallons a day is removed from these sand dunes,
there is no guarantee that the problem of salt vater intrusion will not
occur.
The ground vater in the Tualatin Basin in Washington County is generally
very hard water. The city of Beaverton has a vater softening plant.
The Polk, Yamhill, and Washington County areas east of the coast range
are deficient in ground water. There are many well holes drilled in
these counties that are dry, and a comparison of the rainfall curve and
stream runoff hydrograph will show that the vater runs off almost as
quickly as it falls on the ground.
The French Prairie portion of the lower Willamette Valley has been reported
by the U.S.G.S. to have a large volume of ground water available. However,
there are some areas where the quality of this water is highly mineralized.
The veils in the Aurora-Donald area have evidenced high iron and manganese.
The wells in the Woodburn area pump sand and there has to be provision
made in the construction of the veils to prevent this sand problem.
In the area north of Albany on the west side of the Willamette River in
Benton County, in the area generally referred to as North Albany, there is
only a very shallow acquifer and many times this consists of gravels from
the surface down to the very poor water quality strata some **0 or 50 feet
below the ground surface. Many of the homes are served by shallow veils
and they are also served by septic tanks. Some of the homes are located
very close to the veils. The city of Albany has purchased the Camp Adair
vater filtration plant that was built during World War II.
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The area of Linn County east of Corvallis and east of the Willamette River
has ground vater that is very highly mineralized. There have "been veils
drilled in this area where the vater could not be used for domestic purposes.
There is a small area east of 1-5 in Marion County immediately east of
Salem vhere sampling "by the Oregon State Board of "Health (now Health
Division) shoved the ground vater vas excessively high in arsenic. For
this reason the people that live in this area are now served by a com-
munity vater supply system.
The area in the upper (southern) portion of the Willamette Valley is
generally served by veils. Harrisburg and Junction City are communities
that are served by ground vater. The gravel deposits along the lower
McKenzie River at the junction vith the Willamette River would indicate
that there should be a great deal of ground water available. However,
exploration by the Ranney Corp. showed that there vas so much organic
matter in the sands and gravels that they could not construct a Ranney
collector in these river gravels. The area east of 1-5 in the Eugene-
Springfield area has been served in the past by wells. In some cases
this area is served by shallow veils located along the river - either
along the Middle Fork of the Willamette or along the McKenzie River.
Ground vater in certain areas south of the City of Eugene is excessively
high in arsenic. This ground vater is usually obtained from the subsurface
strata known as the Fischer formation. An extensive report on this has
been prepared in years past and the presence of arsenic is generally
known by local residents.
The portion of Douglas County located east of the coast range and along
Highway 1-5* has been reported in years past to be deficient in ground
water. There are some rather isolated areas where there is some ground
water available, but there ar<5 also numerous areas where the ground water
contains excessive amounts of chemicals which make the water unusable
for domestic purposes without treatment. The County Engineer has been
collecting data on this problem and may also have delineated some of the
areas where limited amounts of ground vater of acceptable quality would be
available.
There are also numerous areas in Josephine and Jackson County that ground
water does not exist in either quantity or quality in sufficient amounts
that could be used by community water supply systems. One small commun-
ity, that has relied on shallow ground water wells, has found that they
must now abandon these wells and construct a water filtration plant on
the river that flows near the town.
-------
Ground vater obtained along the Oregon coast from Warrenton to Brookings
is generally extremely high in iron and, in some cases, "both iron and
manganese. There are only a very few of the communities along the
Oregon coast that have been able to maJke use of ground water. It has
been necessary to provide iron removal treatment, however.
The Columbia River basalt formation is generally reported to contain
good quality and, in many cases, quantities of water that can be used
for domestic water supply by communities. This formation extends up
the Deschutes River basin to the vicinity of Bend, Oregon. South of
Bend, along Highway 97 between Bend and Klamath Falls, there are some
rather high capacity wells that have been drilled in recent months
and with few exceptions, the water seems to be good quality. There are
some wells, however, located along the Deschutes River that have pro-
duced water with excessive amounts of iron in it.
In the Klamath Palls area, there are ground waters that are warm and,
in some cases, contaminated with amounts of hydrogen sulfide.
In the lakeview area, there has been a water quality problem for many
years. This is a blackish precipitate that occurs in the water when
certain of the sources are used. It iB believed to be a manganese
problem.
The central portion of Oregon, from Fossil to John Day and Burns, does
contain some perched ground water and there have been instances where
the wells have gone dry. If the wells are not drilled into this perched
water, some have produced adequate amounts of water for community water
systems. The Fossil area does contain ground water with floride ap-
proaching the excessive level. From Arlington, in Gilliam County, to
Pendleton and northward to the Columbia River is an area that is high in
hydrogen sulfide. The ground water in this area may have to be treated
before the residents could use the water for domestic purposes.
Along the Snake River, near the eastern border of Oregon, the communities
have tapped ground water that has the same mineral characteristics as the
water in the Snake River, in that it is very hard and is softened at
Ontario before It is used.
There are areas in southeast Oregon, particularly in Malheur County,
where the ground water is contaminated by heavy metals, including cadmium.
At times, this chemical problem can be prevented by drilling only shallow
wells.
Leo G. Farr, P.E.
May 2, 1975
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APPENDIX E
LOCATION OF APPROVED BACTERIOLOGICAL LABORATORIES
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